How will the SAP evaluation process differ if the employee is discharged by the employer rather than retained following a rule violation?

Section § 382.605: Referral, evaluation, and treatment.

Question 5: How will the SAP evaluation process differ if the employee is discharged by the employer rather than retained following a rule violation?

Guidance: After engaging in prohibited conduct and...

Are employers required to refer a discharged employee to an SAP?

Section § 382.605: Referral, evaluation, and treatment.

Question 4: Are employers required to refer a discharged employee to an SAP?

Guidance: The rules require an employer to advise the employee, who engages in conduct prohibited under the DOT rules, of...

Under the DOT rules, must an SAP be certified by the DOT in order to perform SAP functions?

Section § 382.605: Referral, evaluation, and treatment.

Question 3: Under the DOT rules, must an SAP be certified by the DOT in order to perform SAP functions?

Guidance: The DOT does not certify, license, or approve individual SAPs. The SAP must be able to...

Are employers required to provide intervention and treatment for drivers who have a substance abuse problem or only refer drivers to be evaluated by an SAP?

Section § 382.605: Referral, evaluation, and treatment.

Guidance Q&A

Question 2: Are employers required to provide intervention and treatment for drivers who have a substance abuse problem or only refer drivers to be evaluated by an SAP?

Guidance: An employer...

Must an SAP evaluation be conducted in person or may it be conducted telephonically?

Section § 382.605: Referral, evaluation, and treatment.

Question 1: Must an SAP evaluation be conducted in person or may it be conducted telephonically?

Guidance: Both the initial and follow-up SAP evaluations are clinical processes that must be conducted...

Must an SAP evaluation be conducted in person or may it be conducted telephonically?

Section § 382.605: Referral, evaluation, and treatment.

Question 1: Must an SAP evaluation be conducted in person or may it be conducted telephonically?

Guidance: Both the initial and follow-up SAP evaluations are clinical processes that must be conducted...

Advisory: Guidance on the Application of 49 CFR Section 385.403; Who Must Hold a Safety Permit?

Advisory: Guidance on the Application of 49 CFR Section 385.403; Who Must Hold a Safety Permit?

The Federal Motor Carrier Safety Administration (FMCSA) is issuing this advisory to motor carriers and shippers of hazardous materials requiring a Hazardous Materials Safety...

How will future changes to the CSA Program impact the HMSP Program?

FAQ 29: How will future changes to the CSA Program impact the HMSP Program?

Answer: On June 29th, 2015, FMCSA published a Federal Register notice (Vol. 80 FR 37037), Proposal for Future Enhancements to the Safety Measurement System (SMS)” for public

comment. Any finalized...

What recourse does a carrier have if their HMSP is denied, suspended, or revoked based on the ongoing SMS analysis or other condition in section 385.421?

FAQ 28: What recourse does a carrier have if their HMSP is denied, suspended, or revoked based on the ongoing SMS analysis or other condition in section 385.421?

Answer: The administrative review process in section 385.423 still applies. However, if the denial, suspension,...

How does the HMSP Program Improvement policy affect current HMSP holders who are submitting renewal applications?

FAQ: How does the HMSP Program Improvement policy affect current HMSP holders who are submitting renewal applications?

Answer:  Once an HMSP becomes non-temporary, section 385.407 no longer applies to the carrier’s ability to renew its HMSP.  Therefore, as long as an HMSP...