What is the role of the Substance Abuse Professional under 49 CFR Part 40 Subpart O?

Short answer

The Substance Abuse Professional (SAP) plays a crucial role in the return-to-duty process for employees who have violated DOT drug and alcohol regulations. The SAP's primary function is to evaluate the employee, refer them to education and/or treatment, and determine when they are eligible to return to safety-sensitive duties.

The rule says

"The SAP must perform the functions in 49 CFR Part 40." (49 CFR 655.52)

"As a SAP, upon your determination of the best recommendation for assistance, you will serve as a referral source to assist the employee's entry into an education and/or treatment program." (49 CFR 40.299(a))

In plain English

In practice, the SAP is responsible for ensuring that employees who have violated drug and alcohol regulations receive the necessary education and treatment to return to safety-sensitive duties. The SAP must be knowledgeable about and have clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. They must also refer employees to education and/or treatment programs, and determine when they are eligible to return to work. Employers must ensure that their SAPs are fully qualified and follow the procedures outlined in 49 CFR Part 40, Subpart O.

What to do

• Ensure that your SAP is fully qualified and knowledgeable about the diagnosis and treatment of alcohol and controlled substances-related disorders.
• Assign a responsible party to maintain a documented procedure and records demonstrating compliance with 49 CFR Part 40, Subpart O.
• Verify through periodic self-audit that your SAP is following the procedures outlined in 49 CFR Part 40, Subpart O.
• Retain records of SAP evaluations, referrals, and follow-up testing plans for each employee who has completed the return-to-duty process.