Ask X3What does 49 CFR 40.295 (May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Based on 49 CFR 40.295:
* For Employees: If you have a DOT drug and alcohol regulation violation and have already been evaluated by a Substance Abuse Professional (SAP), you are strictly prohibited from seeking a second SAP evaluation just to get a different recommendation.
* For Employers: You must not seek a second SAP evaluation for an employee who has already been evaluated by a qualified SAP. Furthermore, if an employee goes against the rules and obtains a second SAP evaluation anyway, you are legally not allowed to rely on that second evaluation for any DOT-related purpose.
Related questions
What does 49 CFR 40.289 (Are employers required to provide SAP and treatment services to employees?) require? — Ask X3What does 49 CFR 40.285 (When is a SAP evaluation required?) require? — Ask X3What does 49 CFR 40.333 (What records must employers keep?) require? — Ask X3What does 49 CFR 40.97 (What do laboratories report and how do they report it?) require? — Ask X3