DOT regulations; can they effect ADA

splendid splinter

Under the Depart of Transportation (DOT), a person with a commercial drivers license, if testing positive for illegal drugs, has to be taken out of service (to make a long explanation short). Before the person can return to their duties covered under the DOT, they must see a Substance Abuse Professional (SAP); the employer must supply the list of SAPS. Does this constitute the employer admitting that the employee has a drug problem needing treatment, and thus cause the offender to be protected under the ADA? Again, the DOT says the offender, with a commercial drivers license, before they can work for "any" employer doing duties covered by the DOT, has to see a SAP.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 07-01-03 AT 01:54PM (CST)[/font][p]EEOC recognizes that other federal laws (other than ADA) have to be complied with, including DOT regulations. I don't see where compliance with DOT requirements for commercial drivers would result in the employee being then deemed as ADA disabled. Seeing a substance abuse counselor in order to comply with DOT regulations does not mean the individual 1) has a record of drug addiction, 2) is an addictee, and/or 3) has gone through rehabilitation if he or she were an addictee.

Don D

Very simply, certain DOT provisions and requirements supercede the ADA. Another is the provisions of the DOT for addressing insulin dependant diabetics. There are several.