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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 has already been evaluated by a qualified SAP. If the employee, contrary to paragraph (a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.
 
Updated: Tuesday, November 13, 2012