A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test.

Section § 382.309: Return-to-duty testing.

Question 1: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she...

Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?

Section § 382.307: Reasonable suspicion testing.

Question 4: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?

Guidance: No. The...

A consignee, consignor, or other party is a motor carrier employer for purposes of 49 CFR parts 382 through 399.

Section § 382.307: Reasonable suspicion testing.

Question 3: A consignee, consignor, or other party is a motor carrier employer for purposes of 49 CFR parts 382 through 399. They have trained their supervisors in accordance with 49 CFR 382.603 to conduct reasonable...

Question 13: Can random testing be substituted for required follow-up testing?

Drug & Alcohol Testing – Random Testing in Lieu of Follow-up Testing

Section § 382.605: Referral, evaluation, and treatment.

Question 13: Can random testing be substituted for required follow-up testing?

Guidance: Follow-up testing is...

Question 21: Are foreign motor carriers required to have an employee assistance program?

Drug & Alcohol Testing – Referring Driver to Substance Abuse Professional

Section § 382.605: Referral, evaluation, and treatment.

Question 21: Are foreign motor carriers required to have an employee assistance program?

Guidance: No...

Question 20: May an employee who tests positive be retained in a non-driving capacity?

Drug & Alcohol Testing – Employees Who Test Positive

Section § 382.605: Referral, evaluation, and treatment.

Question 20: May an employee who tests positive be retained in a non-driving capacity?

Guidance: Yes. Before an employee returns to...

Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available?

Drug & Alcohol Testing – SAP In-person Evaluation

Section § 382.605: Referral, evaluation, and treatment.

Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available?

...

Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May the SAP provide direct treatment services or refer the individual to services provided by a treatment facility with which he

Drug & Alcohol Testing – Conflict of Interest in SAP Referrals

Section § 382.605: Referral, evaluation, and treatment.

Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May...

Question 17: Can you clarify the DOT’s intent with respect to a SAP's determination that an individual needs education?

Drug & Alcohol Testing – SAP Referral to Education Program

Section § 382.605: Referral, evaluation, and treatment.

Question 17: Can you clarify the DOT’s intent with respect to a SAP's determination that an individual needs education?

...

Question 16: Can an SAP recommend that six follow-up tests be conducted in less than six months and then be suspended after all six are conducted?

Drug & Alcohol Testing – Follow-up Testing Period

Section § 382.605: Referral, evaluation, and treatment.

Question 16: Can an SAP recommend that six follow-up tests be conducted in less than six months and then be suspended after all six are conducted...