49 CFR 40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

Regulations last checked for updates: Apr 28, 2024

Title 49 - Transportation last revised: Apr 11, 2024

View all text of Subpart O [§ 40.281 - § 40.313]

§ 40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.

(b) 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 paragraph (a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.

authority: 49 U.S.C. 102,301,322,5331,20140,31306,and

source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

cite as: 49 CFR 40.295