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Substance Abuse Professional

DOT Rule 49 CFR Part 40 Section 40.313

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.313 Where is other information on SAP functions and the return-to-duty process found in this regulation?
 
You can find other information on the role and functions of SAPs in the following sections of this part:
 
§40.3—Definition.
 
§40.347—Service agent assistance with SAP-required follow-up testing.
 
§40.355—Transmission
Updated: Wednesday, October 5, 2016

DOT Rule 49 CFR Part 40 Section 40.307

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.307 What is the SAP's function in prescribing the employee's follow-up tests?
 
(a) As a SAP, for each employee who has committed a DOT drug or alcohol regulation violation, and who seeks to resume the performance of safety-sensitive functions, you must establish a written follow-up testing plan.
Updated: Saturday, August 10, 2019

DOT Rule 49 CFR Part 40 Section 40.305

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.305 How does the return-to-duty process conclude?
 
(a) As the employer, if you decide that you want to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully complied with prescribed education and/or treatment.
Updated: Friday, April 28, 2017

DOT Rule 49 CFR Part 40 Section 40.303

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.303 What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?
 
(a) As a SAP, if you believe that ongoing services (in addition to follow-up tests) are needed to assist an employee to maintain sobriety or abstinence from drug use after the employee resumes the performance of safety-sensitive duties, you must provide recommendations for these services in you
Updated: Friday, April 28, 2017

DOT Rule 49 CFR Part 40 Section 40.301

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.301 What is the SAP's function in the follow-up evaluation of an employee?
 
(a) As a SAP, after you have prescribed assistance under §40.293, you must re-evaluate the employee to determine if the employee has successfully carried out your education and/or treatment recommendations.
 
(1) This is your way to gauge for the employer the employee's ability to demonstrate successful complian
Updated: Thursday, August 22, 2019

DOT Rule 49 CFR Part 40 Section 40.299

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.299 What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?
 
(a) As a SAP, upon your determination of the best recommendation for assistance, you will serve as a referral source to assist the employee's entry into a education and/or treatment program.
 
(b) To prevent the appearance of a conflict of interest, you must not refer an employee requiring assistance to your private practic
Updated: Tuesday, August 6, 2019

DOT Rule 49 CFR Part 40 Section 40.297

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.297 Does anyone have the authority to change a SAP's initial evaluation?

(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's recommendation by changing the SAP's evaluation or seeking another SAP's evaluation.

Updated: Friday, April 28, 2017

DOT Rule 49 CFR Part 40 Section 40.295

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?
 
(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.
 
(b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluated by a qualified SAP.
Updated: Friday, April 28, 2017
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