Ask X3What does 49 CFR 40.307 (What is the SAP's function in prescribing the employee's follow-up tests?) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.307 requires regarding the Substance Abuse Professional's (SAP) function in prescribing follow-up tests:
* Written Plan: After determining that an employee who committed a DOT drug or alcohol violation has successfully complied with your education and/or treatment recommendations, the SAP must establish a written follow-up testing plan. A copy of this plan must be given directly to your Designated Employer Representative (DER).
* Testing Requirements: The SAP is the sole determiner of the number and frequency of follow-up tests, and whether they will be for drugs, alcohol, or both (unless a DOT agency regulation says otherwise).
* Minimum Schedule: Under 49 CFR 40.307, the SAP must require at least six unannounced follow-up tests during the first 12 months of safety-sensitive duty after the employee returns to work. The SAP may also require additional tests during that first 12 months, as well as during the following 48 months.
* Dates and Employer Authority: The SAP does not set the actual dates for the tests—choosing specific test dates is up to you as the employer. Furthermore, you must not impose additional company-authority testing requirements that go beyond the SAP's follow-up plan.
* Confidentiality: Neither the employer, the SAP, nor any other service agent is allowed to give the employee a copy of their follow-up testing schedule, nor can they indicate to the employee what the frequency or duration of the testing schedule will be.
* Portability: The SAP's follow-up testing plan "follows the employee" through breaks in service or to subsequent employers. If an employee changes jobs, the new employer is responsible for ensuring the remaining tests are completed (as learned through § 40.25 inquiries).
* Modifications: The SAP may modify or terminate follow-up testing requirements after the first year, but they can never reduce the minimum requirement of at least six tests within the first 12 months.