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We assist 49 CFR Part 40 regulated employees and employers with the successful completion of the Return-to-Duty and Safety Sensitive Functions process. |
Substance Abuse Professional Services (SAP)
as outlined in 49 CFR Part 40 FMCSA ClearinghouseATTENTION CDL Drivers: The FMCSA now has a driver database called the FMSCA Clearinghouse Database. You should have been informed about it as it went into effect on January 5, 2020. If you are not registered yet with the database and you have a violation you MUST register on the FMCSA Clearinghouse. The SAP Return to Duty process is now verified in the FMCSA Clearinghouse.CDL drivers can register in the FMCSA Clearinghouse here: https://clearinghouse.fmcsa.dot.gov/About ![]() According to the FMCSA: "The Clearinghouse contains information about drivers with commercial driver’s licenses (CDL drivers) who are covered by FMCSA’s drug and alcohol program. This also includes drivers with commercial learner’s permits (CLPs)."
![]() Coast GuardATTENTION Coast Guard regulated employees:
When the USCG suspends a certification or license, it usually requires a drug screen to be done randomly one time a month for 12 months before the license can be re-issued. This is part of the Coast Guard "Sweeny Cure process". Generally, this is NOT considered to be the SAP Follow Up Testing Plan which can ONLY be ordered and managed by the employer. Additionally, each of the Coast Guard required 12 months of random drug tests must be DOT certified drug tests and performed by a DOT certified drug testing facility. These can usually be performed at Occupational Medicine Drug Testing facilities. Employees that are required by the Coast Guard to have 12 months of random drug tests are instructed to ensure the following:
1) Contact a local Occupational Drug Testing facility in order to arrange these tests.
2) The test results can be provided to the employee for their records. The employee should maintain a record of all drug test results. 3) Once all 12 random DOT certified drug tests are completed, the employee can submit the results to the Coast Guard investigator working their case for review and confirmation.
The SAP does NOT perform DOT drug tests but can help serve as a resource to help the employee find an organization who meets the DOT certified drug testing facility requirements.
The SAP may require that a laboratory drug test be preformed in order to ensure a negative test result prior to completion of the SAP Return to Duty Process. Non-DOT and DISA
Our SAP (Substance Abuse Professional) mission is to provide the professional services necessary to aid in the successful implementation of the SAP Return to Duty Process to safety sensitive employers & employees regulated by the Department of Transportation rule, 49 CFR Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs".
Some cases may not be "DOT" cases and may be "Non-DOT" as in the case of managed drug testing organizations such as "DISA". DISA URINE DRUG TESTS: (For DOT and non-DOT) Cannabinoids can store in the body for an extended period of time. DISA will suspend persons who test positive on a RTD test for up to a period of 3 years. For these reasons, and in order to attempt to ensure your protection, if you tested positive for Cannabinoids on a DISA UDS test you will most likely be required to submit a copy of a negative test result on a personal drug test performed by a lab, usually an Occupational Medicine testing company, before any RTD process completion paperwork will be sent to DISA. Also, it is important to understand that DISA tests test more stringently than the DOT standard 50/15 ng/ml, so an employee can test negative on a DOT test but positive on a DISA test as the THC is working out of the system although there has been no new use. For this reason it is a good rule to wait as long as possible (typically 60 - 90 days) before taking a DISA return-to-duty test after the last exposure to Cannabinoids.
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![]() ![]() What is a SAP?
Disclaimer: A SAP is not employed by, nor has any employment affiliation with the Department of Transportation. A SAP is NOT "certified", "accredited" or "credentialed" by the Department of Transportation.
A SAP goes through a specific training and examination process as outlined by 49 CFR Part 40 to prove knowledge and competency in the skills necessary to assist employees and employers regulated by 49 CFR part 40. This training and examination process is required by the Department of Transportation in order for an SAP to provide these specific and regulated services. It is important to understand that a SAP is not "credentialed", "accredited" or "certified" by the Department of Transportation. For more information on this matter please see section 281 of 49 CFR Part 40 (49 CFR Part 40.281) describing the requirements, training and examination requirements and responsibilities of a SAP, or see parts of this section on the right side of this page. According to 49 CFR Part 40.281: To be permitted to act as a SAP in the DOT drug and alcohol testing program, you must meet each of the requirements of this section: (a) Credentials. You must have one of the following credentials:
A SAP is required to be knowledgeable about this part, the DOT agency regulations applicable to the employers for whom you evaluate employees, and the DOT SAP Guidelines, and you keep current on any changes to these materials. c) Qualification training. You must receive qualification training meeting the requirements of this paragraph (c). (1) Qualification training must provide instruction on the following subjects:
(2) Following your completion of qualification training under paragraph (c)(1) of this section, you must satisfactorily complete an examination administered by a nationally-recognized professional or training organization. The examination must comprehensively cover all the elements of qualification training listed in paragraph (c)(1) of this section.
In the late 1980's, the Office of Drug and Alcohol Policy and Compliance (ODAPC)
was established to advise the Secretary & DOT Agencies
on drug enforcement and drug testing issues. As a result of the 1991 Omnibus
Transportation Employee Testing Act, ODAPC's role was expanded, and today,
employers in aviation, trucking, railroad, transit, pipeline and maritime
industries are covered by ODAPC regulations.
The U.S. Department of Transportation's (DOT) primary safety objective regarding substance abuse is to prevent alcohol and other controlled substance abusers from performing transportation safety sensitive functions. To assist in the process, the substance abuse professional (SAP) is charged with duties important to the evaluation, referral and treatment of employees identified as being positive for alcohol and/or controlled substances or who have refused to be tested. Disclaimer: A SAP is not employed by, nor has any employment affiliation with the Department of Transportation. A SAP is NOT "certified", "accredited" or "credentialed" by the Department of Transportation. A SAP goes through a specific training and examination process as outlined by 49 CFR Part 40 to prove knowledge and competency in the skills necessary to assist employees and employers regulated by 49 CFR part 40. This training and examination process is required by the Department of Transportation in order for an SAP to provide these specific and regulated services. It is important to understand that a SAP is not "credentialed", "accredited" or "certified" by the Department of Transportation. Return-To-Duty and Safety Sensitive Functions ![]() ![]() Why is a SAP required?Any employee regulated by 49 CFR part 40 who violates these regulations must be immediately removed from safety-sensitive functions, and may not be returned to any safety sensitive functions in the transportation industry until the DOT return-to-duty process is successfully completed. When can an employee return to safety sensitive duties?An employee who has violated one or more of the DOT regulations must receive a follow-up evaluation by the original SAP evaluator to be considered for return to duty status. If the evaluator finds him in compliance with the treatment recommendations and deems him appropriate for consideration for safety sensitive duty, a recommendation may be made to the employer for consideration. This recommendation only recommends that the employee has been found to be eligible for the employer to preform a Return-to-Duty Drug Test for the purspose of determining readiness for a return to safety sensitive duty. The SAP in no way recommends a return to employment which can only be decided by an employer. Must employers give SAP referrals to applicants that test positive?Yes, the DOT regulations mandate that employers provide a SAP referral to any employee performing duties in a safety sensitive position that test positive or violate the regulations.
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The Steps of the SAP Return-to-Duty Process:
Note: Substance abuse treatment (outpatient or inpatient) will ONLY be recommended if it is indicated and needed as determined by professional evaluative instruments and guidelines such as the ASAM PPC2 Criteria and DSM 5 severity scales. If treatment is not needed, then Drug/Alcohol Awareness education in the form of classes, counseling sessions and/or 12 step recovery meeting attendance will be more than likely required. ![]() Note: An employee who has not successfully complied with the SAP's recommendation may not return to safety-sensitive functions for any DOT employer until the SAP's recommendations have been fully met and the employee is able to provide a negative return-to-duty test. |
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Providing (SAP) Return-to-Duty Services to employers & employees who are working or seeking employment in the Federally Regulated Transit, USCG Merchant Marine & Marine Services, Trucking, Towing, Aviation, Railway, Safety, Oilfield, Fabrications and Offshore industries. Click here for Contact Information Serving all of Acadiana (South Louisiana) including the following areas and areas surrounding them: Locations Served: Serving ALL of Acadiana & South Louisiana. We travel to work with clients in and around most parishes and cities in South Louisiana, including Coastal Louisiana and Industrial Plants along the Mississippi River.
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*This information is meant as a quick reference to various important information and is not intended as a comprehensive list of all situations or expectations for employees covered under 49 CFR Part 40. For complete information refer to Federal Register Part II, Department of Transportation (DOT) 49 CFR Part 40.
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Review contact and service information below:Click here for Contact Information Click here for profile on: www.saplist.com
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Contact: Questions? |
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