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

Guidance for employers or drivers seeking a second SAP evaluation.


Question

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


Answer

No. Once a driver has been evaluated by a SAP, neither the driver nor the employer can seek a new evaluation to try and receive another recommendation. If the employee has obtained a second SAP evaluation, the employer may not rely on it for any purposes. See 49 CFR §40.295.
 

Regulatory Topic: Guidance for employers or drivers seeking a second SAP evaluation
Published Date: Friday, May 15, 2020
Issued Date: Friday, May 15, 2020