Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

The latest general information on the Coronavirus Disease 2019 (COVID-19) is available on Coronavirus.gov. For USDOT specific COVID-19 resources, please visit our page.

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—...

DOT Rule 49 CFR Part 40 Section 40.309

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

§ 40.309 What are the employer's responsibilities with respect to the SAP's directions for follow-up tests? (a) As the employer, you must carry out the SAP's follow-up testing requirements. You may not allow the employee to continue to perform safety-sensitive functions unless follow-up testing is conducted as directed by the SAP. (b) You should schedule follow-up tests on dates of your own choosing, but you...

DOT Rule 49 CFR Part 40 Section 40.307 Q&A

§40.307                                                                    01/02QUESTION:May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?ANSWER:• No. The regulation (at 40.307(d)(4)) and SAP guidelines state that employers must not impose additional testing requirements that go beyond the SAP’s follow-up testing plan...

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. You do not establish this plan until after you determine that the employee has successfully...

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....

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...

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...

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...

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...

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...