Disclaimer: The information listed on this site is meant to assist 49 CFR Part 40 regulated employees and employers with the information necessary to aide in the successful completion of the Return-to-Duty and Safety Sensitive Functions process. This information is meant as a quick reference to various important information and is not intended as a comprehensive list of all situations or expectations for employees covered under 49 CFR Part 40.

For complete information refer to Federal Register Part II, Department of Transportation (DOT) 49 CFR Part 40 here: 

Procedures for Transportation Workplace Drug and Alcohol Testing Programs 

Disclaimer: A SAP is not employed by, nor has any employment affiliation with the Department of Transportation. A SAP is NOT "certified", "accredited" or "credentialed" by the Department of Transportation. A SAP goes through a specific training and examination process as outlined by 49 CFR Part 40 to prove knowledge and competency in the skills necessary to assist employees and employers regulated by 49 CFR part 40. This training and examination process is required by the Department of Transportation in order for an SAP to provide these specific and regulated services. It is important to understand that a SAP is not "credentialed", "accredited" or "certified" by the Department of Transportation.

For more information on this matter please see section 281 of 49 CFR Part 40 (49 CFR Part 40.281) describing the requirements, training and examination requirements and responsibilities of a SAP 

What Is a SAP?

A Substance Abuse Professional (SAP) assists safety-sensitive employees and employers through the DOT Return-to-Duty process. SAPs must have approved credentials and training to evaluate, educate, and recommend treatment, education or counseling as required by 49 CFR Part 40 regulations.

Return-To-Duty (RTD) Process

After a drug or alcohol testing violation (positive, self admission or refusal), employees must complete a SAP evaluation and any recommended treatment before they can be considered by an employer for a Return-to-Duty drug test and return to safety sensitive duty. The SAP plays a key role in guiding the employee through this process.

Steps of the RTD Process

RED = PROHIBITED FROM WORKING IN A SAFETY SENSITIVE POSITION

GREEN = ELIGIBLE TO WORK IN A SAFETY SENSITIVE POSITION

Steps 1-4 Listed Below are the Responsibilities of the SAP

1. Initial clinical evaluation by a SAP

2. Treatment or education recommendations

3. Follow-up evaluation & verification of successful completion of recommendations

4. SAP paperwork & Follow-up Testing Plan sent to employer if employee was compliant with recommendations

Steps 6-7 Listed Below are the Responsibilities of the EMPLOYER

     5. Order and perform a Return-to-Duty Drug Test (RTD Test)

      6. Implement Follow-up Testing Plan as prescribed by the SAP

 CBD and Medical Marijuana

From the FMCSA Compliance Safety and Accountability page (FMCSA CSA): "Employers and drivers are reminded that 49 CFR Part 40 does not authorize the use of Schedule I drugs, including marijuana, for any reason. A physician recommendation for medical marijuana or use of a CBD product is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result."

CBD

Any employee who is subject to the Department of Transportation's drug testing regulations should exercise caution when using any CBD product. CBD products can contain THC and the result can be a positive test result meaning a drug test violation. Under the "Farm Bill" any hemp derived product is allowed to contain up to "0.03%" tetrahydrocannabinol (THC). THC stores in fat cells and even this amount can build in the body to the point of testing positive for THC on a drug test. All employees subject to the DOT testing regulations are responsible to ensure they DO NOT test for THC on any drug test.

Review the USDOT "CBD" Notice here: USDOT "CBD" Notice

Medical Marijuana

USDOT DOES NOT authorize the use of medical marijuana and any drug test that tests positive for THC is considered a violation. From the USDOT's Notice on medical marijuana - "The Department of Transportation's Drug and Alcohol Testing Regulation “49 CFR Part 40, at 40.151(e)“ does not authorize medical marijuana under a state law to be a valid medical explanation for a transportation employee's positive drug test result." This means that Medical Review Officers (MRO's) are prohibited from verifying a negative result for THC based on "medical marijuana". Any amount of THC that tests positive in a drug test is considered a violation whether it is due to medcial marijuana or not.

Review the USDOT "Medical Marijuana" Notice here: USDOT "Medical Marijuana" Notice

Contact [ramel521@yahoo.com]