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What does 49 CFR 40.285 (When is a SAP evaluation required?) require?

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According to 49 CFR 40.285, a Substance Abuse Professional (SAP) evaluation is required when an employee violates DOT drug and alcohol regulations. Specifically, a violation includes:

* A verified positive DOT drug test result.

* A DOT alcohol test result showing an alcohol concentration of 0.04 or greater.

* A refusal to test (including adulterating or substituting a specimen).

* Any other violation of the prohibition on using alcohol or drugs under a DOT agency regulation.

If an employee commits any of these violations, they are prohibited from performing any DOT safety-sensitive duties for any employer again until and unless they successfully complete the required SAP evaluation, referral, and education/treatment process.

§ 49 CFR 40.285 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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