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DOT Rule 49 CFR Part 40 Section 40.291

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

§ 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?
 
(a) As a SAP, you are charged with:
 
(1) Making a face-to-face clinical assessment and evaluation to determine what assistance is needed by the employee to resolve problems associated with alcohol and/or drug use;
 
(2) Referring the employee to an appropriate education and/or treatment program;
 
(3) Conducting a face-to-face follow-up evaluation to determine if the employee has actively participated in the education and/or treatment program and has demonstrated successful compliance with the initial assessment and evaluation recommendations;
 
(4) Providing the DER with a follow-up drug and/or alcohol testing plan for the employee; and
 
(5) Providing the employee and employer with recommendations for continuing education and/or treatment.
 
(b) As a SAP, you are not an advocate for the employer or employee. Your function is to protect the public interest in safety by professionally evaluating the employee and recommending appropriate education/treatment, follow-up tests, and aftercare.
 
Updated: Friday, November 9, 2012