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Substance abuse professional (SAP) evaluation: Can employers or drivers seek a second SAP evaluation if they disagree with the first SAP’s recommendations?

No. As an employee with a U.S. Department of Transportation (DOT) drug and alcohol regulation violation, when you have been evaluated by a DOT-qualified SAP, you must not seek a second SAP’s evaluation in order to obtain another recommendation. As an employer, you must not seek a second SAP’s evaluation if the employee has already been evaluated by a qualified SAP. If the employee, contrary to requirements, has obtained a second SAP evaluation, as an employer you may not rely on the second SAP’s evaluation. [See 49 CFR 40.295.]

Last Updated : April 18, 2014