49 CFR 40.285 · FMCSA compliance

When is a SAP evaluation required? (a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations

✓ Verbatim federal regulation (eCFR)

The first step in this process is a SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.

Source history: 65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023

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Reproduced verbatim from the electronic Code of Federal Regulations (eCFR), the official U.S. government source. X3 Fleet Safety LLC is a compliance-services company, not a law firm; this page is regulatory reference, not legal advice. X3 is not affiliated with FMCSA or USDOT.