Ralph Melancon SAP - What is a SAP

The SAP has four primary functions

Comprehensive face-to-face assessment and clinical evaluation to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. Even though there is not a significant alcohol or drug problem or you just failed to show up at the test site. You will still have to complete some type of education.

Recommend a treatment, rehabilitation program or education as necessary.
Determine when the individual has successfully completed the recommended treatment program through a face-to-face follow-up for compliance session and when they are ready to return to safety-sensitive duties.
The essential and primary function of the SAP is Public Safety. All clinical work and SAP recommendations for treatment or education are made in the interest of protecting public safety.

Why is a SAP required?

Any employee regulated by 49 CFR part 40 who violates these regulations must be immediately removed from safety-sensitive functions, and may not be returned to any safety sensitive functions in the transportation industry until the DOT return-to-duty process is successfully completed.

When can an employee return to safety sensitive duties?

An employee who has violated one or more of the DOT regulations must receive a follow-up evaluation by the original SAP evaluator to be considered for return to duty status.

If the evaluator finds him in compliance with the treatment recommendations and deems him appropriate for consideration for safety sensitive duty, a recommendation may be made to the employer for consideration.

This recommendation only recommends that the employee has been found to be eligible for the employer to preform a Return-to-Duty Drug Test for the purpose of determining readiness for a return to safety sensitive duty. The SAP in no way recommends a return to employment which can only be decided by an employer.

Must employers give SAP referrals to applicants that test positive?

Yes, the DOT regulations mandate that employers provide a SAP referral to any employee performing duties in a safety sensitive position that test positive or violate the regulations.

What is a SAP?

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, or see parts of this section on the right side of this page.

In the late 1980's, the Office of Drug and Alcohol Policy and Compliance (ODAPC) was established to advise the Secretary & DOT Agencies on drug enforcement and drug testing issues. As a result of the 1991 Omnibus Transportation Employee Testing Act, ODAPC's role was expanded, and today, employers in aviation, trucking, railroad, transit, pipeline and maritime industries are covered by ODAPC regulations.

The U.S. Department of Transportation's (DOT) primary safety objective regarding substance abuse is to prevent alcohol and other controlled substance abusers from performing transportation safety sensitive functions.

To assist in the process, the substance abuse professional (SAP) is charged with duties important to the evaluation, referral and treatment of employees identified as being positive for alcohol and/or controlled substances or who have refused to be tested.

According to 49 CFR Part 40.281:

To be permitted to act as a SAP in the DOT drug and alcohol testing program, you must meet each of the requirements of this section:

(a) Credentials. You must have one of the following credentials:

(1) You are a licensed physician (Doctor of Medicine or Osteopathy);
(2) You are a licensed or certified social worker;
(3) You are a licensed or certified psychologist;
(4) You are a licensed or certified employee assistance professional;
(5) You are a state-licensed or certified marriage and family therapist; or
(6) You are a drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC); or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC).

A SAP is required to be knowledgeable about this part, the DOT agency regulations applicable to the employers for whom you evaluate employees, and the DOT SAP Guidelines, and you keep current on any changes to these materials.

c) Qualification training. You must receive qualification training meeting the requirements of this paragraph (c).

(1) Qualification training must provide instruction on the following subjects:

(i) Background, rationale, and coverage of the Department's drug and alcohol testing program;
(ii) 49 CFR Part 40 and DOT agency drug and alcohol testing rules;
(iii) Key DOT drug testing requirements, including collections, laboratory testing, MRO review, and problems in drug testing;
(iv) Key DOT alcohol testing requirements, including the testing process, the role of BATs and STTs, and problems in alcohol tests;
(v) SAP qualifications and prohibitions;
(vi) The role of the SAP in the return-to-duty process, including the initial employee evaluation, referrals for education and/or treatment, the follow-up evaluation, continuing treatment recommendations, and the follow-up testing plan;
(vii) SAP consultation and communication with employers, MROs, and treatment providers;
(viii) Reporting and recordkeeping requirements;
(ix) Issues that SAPs confront in carrying out their duties under the program.

(2) Following your completion of qualification training under paragraph (c)(1) of this section, you must satisfactorily complete an examination administered by a nationally-recognized professional or training organization. The examination must comprehensively cover all the elements of qualification training listed in paragraph (c)(1) of this section.