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What does 49 CFR 40.289 (Are employers required to provide SAP and treatment services to employees?) require?

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Based on 49 CFR 40.289, here is what is required of you as a motor-carrier owner regarding Substance Abuse Professional (SAP) and treatment services:

* No Mandate to Provide Services: You are not required to provide or pay for a SAP evaluation, or any subsequent recommended education or treatment, for an employee who violates a DOT drug and alcohol regulation.

* Requirement If Returning to Duty: If you choose to give an employee the opportunity to return to a DOT safety-sensitive duty after a violation, you must ensure two things happen *before* the employee performs that duty again:

1. The employee receives an evaluation by a qualified SAP (meeting the requirements of § 40.281).

2. The employee successfully complies with all of the SAP's evaluation recommendations.

* Payment Responsibility: Who pays for the SAP evaluations and services is not dictated by the rule; it is left for you and your employees to decide, and it may be governed by existing management-labor agreements or health care benefits.

§ 49 CFR 40.289 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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