Additional Information Regarding the DOT and SAP Assessment

Information and links to answers to frequently asked questions

DOT "CBD" Notice https://www.transportation.gov/odapc/cbd-notice

DOT "Recreational Marijuana" Notice https://www.transportation.gov/odapc/dot-recreational-marijuana-notice

DOT "Medical Marijuana" Notice https://www.transportation.gov/odapc/medical-marijuana-notice

What happens if the employee does not return to past employer due to being fired and not returning voluntarily?

An employee cannot perform any DOT safety-sensitive duties for any employer until and unless the employee completes the SAP evaluation, referral, and education/treatment process and return-to-duty test.

However, the SAP process has the potential to be more complicated when the employer does not retain the employee. In such circumstances, the SAP will likely not have a connection with the employer for whom the employee worked nor have immediate access to the exact nature of the rule violation. The SAP may need to contact the former employer and the MRO to discuss the violation. In addition, the SAP may have to hold the employer reports until asked to forward that information to a gaining employer wishing to return the individual to safety-sensitive duties.

A gaining employer may determine to his or her own satisfaction (e.g., by having the prospective employee meet with the gaining employer’s designated SAP, or by having the gaining employer’s SAP confer with the employee’s SAP) that the prospective employee has demonstrated successful compliance with recommended treatment.

Can the employer monitor a SAP’s recommendations for continuing services the employee needs even after the employee returns to safety-sensitive duties?

Yes. If the SAP believes the employee needs additional treatment, aftercare, education, or support group services to assist an employee to maintain sobriety or abstinence from drug use after the employee returns to safety-sensitive duties, the SAP must provide recommendations for these services in the follow-up evaluation report.

An employer may, as part of a return-to-duty agreement with the employee, require the employee to participate in these recommended services. The employer may make use of SAP and employee assistance program services in assisting and monitoring the employee’s compliance with these SAP recommendations. If the employee fails subsequently to comply, he or she may be subject to disciplinary action by the employer.

I Failed a Random DOT Drug Test…Now What? The SAP Program

https://blog.drive4ats.com/failed-dot-drug-test-aftermath-sap-programIf

Stress/Anxiety Management SAP DOT Assessments LSW/CADC/LCADC Supervision

Additional Information Regarding the DOT and SAP Assessment

Information and links to answers to frequently asked questions

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