SAP, DOT, Regulation, Substance Abuse Professional
Department of Transportation, DOT, Substance Abuse Professionals, SAP, Referral Service
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DEPARTMENT OF TRANSPORTATION REGULATIONS PART 40: Title (PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS) Subpart A -- Administrative Provisions §40.1 - Who does this regulation cover? §40.3 - What do the terms used in this regulation mean? §40.5 - Who issues authoritative interpretations of this regulation? §40.7 - How can you get an exemption from a requirement in this regulation? Subpart B -- Employer Responsibilities §40.11 - What are the general responsibilities of employers under this regulation? §40.13 - How do DOT drug and alcohol tests relate to non-DOT tests? §40.15 - May an employer use a service agent to meet DOT drug and alcohol testing requirements? §40.17 - Is an employer responsible for obtaining information from its service agents? §40.21 - May an employer stand down an employee before the MRO has completed the verification process? §40.23 - What actions do employers take after receiving verified test results? §40.25 - Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties? §40.27 - May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program? §40.29 - Where is other information on employer responsibilities found in this regulation? Subpart C -- Urine Collection Personnel §40.31 - Who may collect urine specimens for DOT drug testing? §40.33 - What training requirements must a collector meet? §40.35 - What information about the DER must employers provide to collectors? §40.37 - Where is other information on the role of collectors found in this regulation? Subpart D -- Collection Sites, Forms, Equipment and Supplies Used in DOT Urine Collections §40.41 - Where does a urine collection for a DOT drug test take place? §40.43 - What steps must operators of collection sites take to protect the security and integrity of urine collections? §40.45 - What form is used to document a DOT urine collection? §40.47 - May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections? §40.49 - What materials are used to collect urine specimens? §40.51 - What materials are used to send urine specimens to the laboratory? Subpart E -- Urine Specimen Collections §40.61 - What are the preliminary steps in the collection process? §40.63 - What steps does the collector take in the collection process before the employee provides a urine specimen? §40.65 - What does the collector check for when the employee presents a specimen? §40.67 - When and how is a directly observed collection conducted? §40.69 - How is a monitored collection conducted? §40.71 - How does the collector prepare the specimens? §40.73 - How is the collection process completed? Subpart F -- Drug Testing Laboratories §40.81 - What laboratories may be used for DOT drug testing? §40.83 - How do laboratories process incoming specimens? §40.85 - What drugs do laboratories test for? §40.87 - What are the cutoff concentrations for initial and confirmation tests? §40.89 - What is validity testing, and are laboratories required to conduct it? §40.91 - What validity tests must laboratories conduct on primary specimens? §40.93 - What criteria do laboratories use to establish that a specimen is dilute or substituted? §40.95 - What criteria do laboratories use to establish that a specimen is adulterated? §40.97 - What do laboratories report and how do they report it? §40.99 - How long does the laboratory retain specimens after testing? §40.101 - What relationship may a laboratory have with an MRO? §40.103 - What are the requirements for submitting blind specimens to a laboratory? §40.105 - What happens if the laboratory reports a result different from that expected for a blind specimen? §40.107 - Who may inspect laboratories? §40.109 - What documentation must the laboratory keep, and for how long? §40.111 - When and how must a laboratory disclose statistical summaries and other information it maintains? §40.113 - Where is other information concerning laboratories found in this regulation? Subpart G -- Medical Review Officers and the Verification Process §40.121 - Who is qualified to act as an MRO? §40.123 - What are the MRO's responsibilities in the DOT drug testing program? §40.125 - What relationship may an MRO have with a laboratory? §40.127 - What are the MRO's functions in reviewing negative test results? §40.129 - What are the MRO's functions in reviewing laboratory confirmed positive, adulterated, substituted, or invalid drug test results? §40.131 - How does the MRO or DER notify an employee of the verification process after a confirmed positive, adulterated, substituted, or invalid test result? §40.133 - Under what circumstances may the MRO verify a test as positive, or as a refusal to test because of adulteration or substitution, without interviewing the employee? §40.135 - What does the MRO tell the employee at the beginning of the verification interview? §40.137 - On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, or PCP? §40.139 - On what basis does the MRO verify test results involving opiates? §40.141 - How does the MRO obtain information for the verification decision? §40.145 - On what basis does the MRO verify test results involving adulteration or substitution? §40.149 - May the MRO change a verified positive drug test result or refusal to test? §40.151 - What are MROs prohibited from doing as part of the verification process? §40.153 - How does the MRO notify employees of their right to a test of the split specimen? §40.155 - What does the MRO do when a negative or positive test result is also dilute? §40.159 - What does the MRO do when a drug test result is invalid? §40.161 - What does the MRO do when a drug test specimen is rejected for testing? §40.163 - How does the MRO report drug test results? §40.165 - To whom does the MRO transmit reports of drug test results? §40.167 - How are MRO reports of drug results transmitted to the employer? §40.169 - Where is other information concerning the role of MROs and the verification process found in this regulation? §40.171 - How does an employee request a test of a split specimen? Subpart H -- Split Specimen Tests §40.173 - Who is responsible for paying for the test of a split specimen? §40.175 - What steps does the first laboratory take with a split specimen? §40.177 - What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite? §40.179 - What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result? §40.181 - What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result? §40.183 - What information do laboratories report to MROs regarding split specimen results? §40.185 - Through what methods and to whom must a laboratory report split specimen results? §40.187 - What does the MRO do with split specimen laboratory results? §40.189 - Where is other information concerning split specimens found in this regulation? Subpart I -- Problems in Drug Tests §40.191 - What is a refusal to take a DOT drug test, and what are the consequences? §40.193 - What happens when an employee does not provide a sufficient amount of urine for a drug test? §40.195 - What happens when an individual is unable to provide a sufficient amount of urine for a pre-employment follow-up or return-to-duty test because of a permanent or long-term medical condition? §40.197 - What happens when an employer receives a report of a dilute specimen? §40.199 - What problems always cause a drug test to be cancelled? §40.201 - What problems always cause a drug test to be cancelled and may result in a requirement for another collection? §40.203 - What problems cause a drug test to be cancelled unless they are corrected? §40.205 - How are drug test problems corrected? §40.207 - What is the effect of a cancelled drug test? §40.208 - What problem requires corrective action but does not result in the cancellation of a test? §40.209 - What procedural problems do not result in the cancellation of a test and do not require collection? §40.211 - Who conducts DOT alcohol tests? Subpart J -- Alcohol Testing Personnel §40.213 - What training requirements must STTs and BATs meet? §40.215 - What information about the DER do employers have to provide to BATs and STTs? §40.217 - Where is other information on the role of STTs and BATs found in this regulation? Subpart K -- Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing §40.221 - Where does an alcohol test take place? §40.223 - What steps must be taken to protect the security of alcohol testing sites? §40.225 - What form is used for an alcohol test? §40.227 - May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests? §40.229 - What devices are used to conduct alcohol screening tests? §40.231 - What devices are used to conduct alcohol confirmation tests? §40.233 - What are the requirements for proper use and care of EBTs? §40.235 - What are the requirements for proper use and care of ASDs? §40.241 - What are the first steps in any alcohol screening test? Subpart L -- Alcohol Screening Tests §40.243 - What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD? §40.245 - What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD? §40.247 - What procedures does the BAT or STT follow after a screening test result? Subpart M -- Alcohol Confirmation Tests §40.251 - What are the first steps in an alcohol confirmation test? §40.253 - What are the procedures for conducting an alcohol confirmation test? §40.255 - What happens next after the alcohol confirmation test result? Subpart N -- Problems in Alcohol Testing §40.261 - What is a refusal to take an alcohol test, and what are the consequences? §40.263 - What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test? §40.265 - What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test? §40.267 - What problems always cause an alcohol test to be cancelled? §40.269 - What problems cause an alcohol test to be cancelled unless they are corrected? §40.271 - How are alcohol testing problems corrected? §40.273 - What is the effect of a cancelled alcohol test? §40.275 - What is the effect of procedural problems that are not sufficient to cancel an alcohol test? §40.277 - Are alcohol tests other than saliva or breath permitted under these regulations? Subpart O -- Problems in Alcohol Testing §40.281 - Who is qualified to act as a SAP? §40.283 - How does a certification organization obtain recognition for its members as SAPs? §40.285 - When is a SAP evaluation required? §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? §40.289 - Are employers required to provide SAP and treatment services to employees? §40.291 - What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations? §40.293 - What is the SAP's function in conducting the initial evaluation of an employee? §40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations? §40.297 - Does anyone have the authority to change a SAP's initial evaluation? §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? §40.301 - What is the SAP's function in the follow-up evaluation of an employee? §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? §40.305 - How does the return-to-duty process conclude? §40.307 - What is the SAP's function in prescribing the employee's follow-up tests? §40.309 - What are the employer's responsibilities with respect to the SAP's directions for follow-up tests? §40.311 - What are requirements concerning SAP reports? §40.313 - Where is other information on SAP functions and the return- to-duty process found in this regulation? Subpart P -- Problems in Alcohol Testing §40.321 - What is the general confidentiality rule for drug and alcohol test information? §40.323 - May program participants release drug or alcohol test information in connection with legal proceedings? §40.327 - When must the MRO report medical information gathered in the verification process? §40.329 - What information must laboratories, MROs, and other service agents release to employees? §40.331 - To what additional parties must employers and service agents release information? §40.333 - What records must employers keep? Subpart Q -- Problems in Alcohol Testing §40.341 - Must service agents comply with DOT drug and alcohol testing requirements? §40.343 - What tasks may a service agent perform for an employer? §40.345 - In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers? §40.347 - What functions may C/TPAs perform with respect administering testing? §40.349 - What records may a service agent receive and maintain? §40.351 - What confidentiality requirements apply to service agents? §40.353 - What principles govern the interaction between MROs and other service agents? §40.355 - What limitations apply to the activities of service agents? Subpart R -- Public Intrest Exclusions §40.361 - What is the purpose of a public interest exclusion (PIE)? §40.363 - On what basis may the Department issue a PIE? §40.365 - What is the Department's policy concerning starting a PIE proceeding? §40.367 - Who initiates a PIE proceeding? §40.369 - What is the discretion of an initiating official in starting a PIE proceeding? §40.371 - On what information does an initiating official rely in deciding whether to start a PIE proceeding? §40.373 - Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems? §40.375 - How does the initiating official start a PIE proceeding? §40.377 - Who decides whether to issue a PIE? §40.379 - How do you contest the issuance of a PIE? §40.381 - What information do you present to contest the proposed issuance of a PIE? §40.383 - What procedures apply if you contest the issuance of a PIE? §40.385 - Who bears the burden of proof in a PIE proceeding? §40.387 - What matters does the Director decide concerning a proposed PIE? §40.389 - What factors may the Director consider? §40.391 - What is the scope of a PIE? §40.393 - How long does a PIE stay in effect? §40.395 - Can you settle a PIE proceeding? §40.397 - When does the Director make a PIE decision? §40.399 - How does the Department notify service agents of its decision? §40.401 - How does the Department notify employers and the public about a PIE? §40.403 - Must a service agent notify its clients when the Department issues a PIE? §40.405 - §40.405 - May the Federal courts review PIE decisions? §40.407 - §40.407 - May a service agent ask to have a PIE reduced or terminated? §40.409 - What does the issuance of a PIE mean to transportation employers? §40.411 - What is the role of the DOT Inspector General's office? §40.413 - How are notices sent to service agents? § Appendix A - May the Federal courts review PIE decisions? § Appendix B - May a service agent ask to have a PIE reduced or terminated? § Appendix D - What does the issuance of a PIE mean to transportation employers? § Appendix E - What is the role of the DOT Inspector General's office? § Appendix F - How are notices sent to service agents? |
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