DOT Rule 49 CFR Part 40 Section 40.289

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

§ 40.289 Are employers required to provide SAP and treatment services to employees?

(a) As an employer, you are not required to provide a SAP evaluation or any subsequent recommended education or treatment for an...

DOT Rule 49 CFR Part 40 Section 40.287

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process§ 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation? As an employer, you must provide to each employee (including an...

DOT Rule 49 CFR Part 40 Section 40.285

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process § 40.285 When is a SAP evaluation required? (a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and...

DOT Rule 49 CFR Part 40 Section 40.281

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process § 40.281 Who is qualified to act as a SAP? To be permitted to act as a SAP in the DOT drug and alcohol testing program, you must meet each of the requirements of this section: (a) Credentials. You...

DOT Rule 49 CFR Part 40 Section 40.277

Subpart N - Problems in Alcohol Testing§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations? No, other types of alcohol tests (e,g., blood and urine) are not authorized for testing done under this part. Only saliva or breath for screening tests and breath...

DOT Rule 49 CFR Part 40 Section 40.275

Subpart N - Problems in Alcohol Testing§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test? (a) As an STT, BAT, employer, or a service agent administering the testing process, you must document any errors in the testing process of which you...

DOT Rule 49 CFR Part 40 Section 40.273

Subpart N - Problems in Alcohol Testing§ 40.273 What is the effect of a cancelled alcohol test? (a) A cancelled alcohol test is neither positive nor negative. (1) As an employer, you must not attach to a cancelled test the consequences of a test result that is 0.02 or greater (e.g.,...

DOT Rule 49 CFR Part 40 Section 40.271

Subpart N - Problems in Alcohol Testing§ 40.271 How are alcohol testing problems corrected? (a) As a BAT or STT, you have the responsibility of trying to complete successfully an alcohol test for each employee. (1) If, during or shortly after the testing process, you become aware of any...

DOT Rule 49 CFR Part 40 Section 40.269

Subpart N - Problems in Alcohol Testing§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected? As a BAT or STT, or employer, you must cancel an alcohol test if any of the following problems occur, unless they are corrected. These are “correctable flaws.” These...

DOT Rule 49 CFR Part 40 Section 40.267

Subpart N - Problems in Alcohol Testing

§ 40.267 What problems always cause an alcohol test to be cancelled?

As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are “fatal flaws.” You must inform the DER that the test was cancelled...

Federal Regulation