Ask X3What does 49 CFR 40.309 (What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?) require?
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As an employer, 49 CFR 40.309 requires you to follow these rules regarding a Substance Abuse Professional's (SAP) directions for follow-up tests:
* Carry out the testing: You must execute the SAP's follow-up testing requirements. Do not let the employee continue performing safety-sensitive functions unless you conduct the follow-up testing exactly as the SAP directed.
* Keep dates unpredictable: You choose the dates for the tests, but you must ensure they are completely unannounced, have no discernable pattern regarding their timing, and that the employee receives zero advance notice.
* Do not substitute tests: You cannot use other tests—such as those from your random testing program—to fulfill the follow-up testing requirement.
* Handle cancelled tests properly: If a follow-up test is cancelled, it does not count as a completed test. You must recollect it.