What does 49 CFR 40.291 (What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?) require?

According to 49 CFR 40.291, a Substance Abuse Professional (SAP) is required to:

1. Make a clinical assessment and evaluation to determine what assistance an employee needs to resolve drug and/or alcohol problems. This can be done in-person or remotely (if allowed by the SAP's license), provided the technology allows for real-time audio and visual interaction with sufficient quality and security to gather all necessary information while protecting confidentiality.

2. Refer the employee to an appropriate education and/or treatment program.

3. Conduct a follow-up evaluation (in-person or remotely, meeting the same technology standards) to determine if the employee actively participated in the program and successfully complied with the initial recommendations.

4. Provide the Designated Employer Representative (DER) with a follow-up drug and/or alcohol testing plan for the employee.

5. Provide both the employee and employer with recommendations for continuing education and/or treatment.

Overall, the SAP's role is to protect the public interest in safety by professionally evaluating the employee and recommending appropriate education, treatment, follow-up tests, and aftercare, rather than acting as an advocate for either the employer or the employee.