Frequently Asked Questions
Q: Do I have to give SAP referrals to applicants that test positive?
A: Yes, if you have an applicant applying for a safety-sensitive position and the individual tests positive, the DOT regulations mandate that you provide the applicant with a SAP referral.
Q: What will happen if I don’t give SAP referrals to employees and applicants?
A: According to the DOT regulation 49 CFR Part 40, all companies with safety-sensitive employees that test positive on a random, pre-employment, reasonable suspicion or post-accident test, must give SAP referrals. If an organization fails to do so, they can be subject to severe fines by the Department of Transportation (DOT).
Q: Do I have to terminate an employee for testing positive?
A: The decision to terminate an employee who has tested positive is left up to the organization and its internal policies. There are no federal regulations requiring the termination of a safety-sensitive employee.
Q: Can my EAP provide SAP services?
A: EAP counselors deal with a spectrum of emotional issues that affect employees, such as relationships, family stress, anxiety and substance abuse. An EAP counselor utilizes different procedures and requirements concerning confidentiality. The majority of EAP counselors do not meet the qualification standards required to perform DOT mandated SAP evaluations.
Q: How do I find a SAP or SAE in my area?
A: Call SAP Referral Services (SRS). We have a national network.
Q: Does SRS have providers in every state?
A: Yes, SRS has providers nationwide and in Puerto Rico, the Virgin Islands, Guam and Canada.
Q: How do I know if a SAP is DOT qualified?
A: Call SAP Referral Services (SRS). SRS rigorously credentials all their affiliate SAPs.
Q: How long is a SAP program?
A: The time required to complete the DOT return-to-duty program is determined by the SAP and is based on the individual’s need for either treatment or education.
Q: Is the employer responsible for payment of the SAP program?
A: The DOT does not require the employer to incur the cost of the SAP program. This decision is left up to the employer to decide and may be governed by existing management-labor agreements.
Q: Can my employee see another SAP if we don’t agree with the recommendations of a SAP?
A: No, DOT regulations strictly prohibit second opinions. The employee must comply with the recommendations of the original SAP.
Q: How will I know if the employee follows the SAP’s recommendations?
A: The SAP is responsible for monitoring compliance of the employee’s treatment and/or education programs. SRS will also assist in facilitating communication to the DER regarding compliance.
Q: Who decides when the employee is ready to return to work?
A: Only the SAP can determine if the employee is eligible to submit to a return-to-duty test. As the employer, it is a personnel decision that you have the discretion to make, subject to collective-bargaining agreements or other legal requirements.
Q: What are the employer’s responsibilities regarding follow-up testing?
A: As the employer, should you choose to return an employee to safety-sensitive duties, you are responsible for conducting follow-up testing as prescribed within the SAP’s follow-up report.
Q: Who enters violation information into the FMCSA Clearinghouse?
Per § 382.705, the following individuals must report the following information:
- Employers, or consortia/third-party administrators (C/TPAs) acting on behalf of an employer, enter drug and alcohol program violation information into the Clearinghouse.
- Medical review officers (MROs) enter drug violation information. The driver does not need to be registered in the Clearinghouse for a violation to be added to their Clearinghouse record.
- Substance abuse professionals (SAPs) enter the date of initial SAP assessment and date the driver is eligible for RTD testing.
- Employers enter the negative RTD test result(s) and the date the driver’s follow-up testing plan has been successfully completed.
Per § 382.705(b), employers must report the following information to the Clearinghouse:
- An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
- A CDL driver’s refusal to submit to a Department of Transportation (DOT) test for drug or alcohol use;
- Actual knowledge, as defined in § 382.107;
- The negative RTD test results
- The date the driver successfully completed all follow-up tests as ordered by the substance abuse professional (SAP).
Q: My employee's CDL was downgraded, now what?
The first step is to have the Clearinghouse status change from “prohibited” to “not prohibited.” To do this, the driver must complete the return-to-duty (RTD) process, as established by 49 CFR part 40, subpart O. After the driver completes the RTD process and you update the Clearinghouse status after a negative RTD test result to “not prohibited,” the State Driver Licensing Agency (SDLA) will allow for reinstatement of commercial driving privileges.
Q: What happens to the testing plan if an employee is out of work for an extended period?
The follow-up testing plan will be “on hold” until the employee returns to DOT safety-sensitive job functions.
40.307 The requirements of the SAP’s follow-up testing plan “follow the employee” to subsequent employers or through breaks in service.
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