FAQs for Employers

If I am terminating an employee, do I still have to provide the names of SAPs?
Yes. DOT requires the employer to provide the name & phone numbers of qualified SAPs to any employee or applicant that has a positive DOT drug screen.  

Do I have to pay for SAP services?
No. DOT does not specify who must pay for the SAPs services.

What happens if the employee doesn’t need treatment?
DOT rules say the employee must receive education and/or treatment.

How do I know that the SAP I am using knows the rules?
DOT regulations make you responsible for the qualifications of any TPA (Third Party Administrator, this includes SAPs) you recommend. See the qualifications for a SAP on this site and ask the SAP for documentation substantiating their qualifications.

What if I think a SAPs recommendation is too harsh, or will take too long? DOT gives SAP full authority to make whatever recommendations they deem therapeutically appropriate.  The SAP is responsible for public safety and there recommendations cannot be changed nor a 2nd assessment be sought from another SAP.

What if I can’t wait for this employee any longer? Can I terminate?
Yes, taking into consideration any labor agreements or company policies.

I plan to take this employee back. When can I conduct a return-to-duty test? Only after the SAP's follow-up evaluation.

I’m not sure I want to take this employee back. Can I ask the SAP for his/her opinion?
No.  The SAP is required to only report if the employee has complied with his recommendations.

The reports that I received from the SAP don’t give me much information. Can I get more?
No, you may only request information granted by DOT regulation. [40.305(c)]

Who pays for the follow-up tests?
DOT does not designate who pays.

Can I ask the SAP to give me the specific dates that the follow-up tests should be conducted?
No. The regulations state the SAP can’t make those determinations. [40.307(d)(3)]. You know the Employees work /vacation schedule and in the best position to determine when to notify the employee of a required follow-up test.

Can I tell the employee what his entire follow-up testing plan will be?
NO. This is confidential information. [40.329]

If I require my employees to pay for their follow-up tests, and an employee that is notified for a test says that he doesn’t have the money, can I postpone the test until he does have the money?
No, this may be construed as a refusal to test. He must take the test as scheduled.

If a SAP recommends 6 follow-up tests in the first year, and I believe that is not enough, can I increase it?
No. You cannot increase or decrease the SAPs follow-up drug test recommendations.

How do I handle the follow-up testing plan for an employee who was on medical leave for several months?
This is called a break in service, in which you would extend the testing timeframe equal to the time the Employee was out of service. [40.307(e)]

 I am hiring an employee who had a violation where he previously worked and is under a follow-up testing plan. What is my responsibility?  
You must first obtain the SAPs reports relating to this violation & ask the DER (Designated Employee Representative) at his place of prior employment send you a statement of the number of follow-up tests conducted to date.