If you need to complete the SAP Process, contact
SONYA GONZALES, LCSW-S, LCDC, SAP
832-285-3911 or INFO@saphouston.net
Below is the information for SAP Process:
US Dept. of Transportation
SAP PROCESS INFORMATION
Substance Abuse Professionals (SAP)
- How to find a Substance Abuse Professional
- SAP Guidelines (updated June 2023)
https://www.transportation.gov/odapc/sap
SAP PROCESS AND RETURN TO DUTY
Overview
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
As a SAP you represent the major decision point (and in some cases the only decision point) an employer may have in choosing whether or not to place an employee behind the steering wheel of a school bus, in the cockpit of a plane, at the helm of an oil tanker, at the throttle of a train, in the engineer compartment of a subway car, or at the emergency control valves of a natural gas pipeline. Your responsibility to the public is enormous!
As a SAP you are advocate for neither the employer nor the employee. Your function is to protect the public interest in safety by professionally evaluating the employee and recommending appropriate education and/or treatment, follow-up tests, and aftercare.
Subpart O – Substance Abuse Professionals and the Return-to-Duty Process
https://www.transportation.gov/odapc/part40#SubpartO
DOT Rule 49 CFR Part 40 Section 40.285
Subpart O – Substance Abuse Professionals and the Return-to-Duty Process
§ 40.285 When is a SAP evaluation required?
(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.
(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
Last updated: Tuesday, June 13, 2023
https://www.transportation.gov/odapc/part40/40-285
Registration in the FMSCA Clearinghouse
If you have a Commercial Driver’s License (CDL), then you are required to register in the FMSCA Clearinghouse.
The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.
The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.
Last Updated : January 08, 2020
https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/General