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| DOT FINING DRIVERS WITH VIOLATIONS WHO WITHOUT COMPLETING SAP RETURN-TO-DUTY PROCESS. HERE ARE THE REGS 49 CFR Part 382.103(a): "This part applies to every person and to all employers of such persons..." 49 CFR Part 382.507: Any employer or driver who violates...shall be subject to...civil and/or criminal penalty provisions..." Under this regulation, a driver and an employer are equally responsible for consequences of a violation. For example: a driver is part-time with Company A and part-time with Company B. He tests positive on a Company A test, and is removed from safety-sensitive functions, including driving. He also must be removed from safety-sensitive functions for Company B. But he must first inform Company B of the violation. If he does not, he faces serious fines for driving, when he knows he cannot drive. Because of confidentiality, Company A could not report the violation to Company B. The driver is the only source of this information. Drivers need to be aware that they cannot safely hide a violation from other employers, or from any future employers. |
| DOT Agencies |
| Alert!: Don't be over-charged for the SAP Back-to-Work Evaluations! National Networks of Substance Abuse Professionals are charging several hundred dollars for the SAP-back-to-work evaluations! There is no need to spend exorbitant amounts of money on the SAP back-to-work evaluations. If you're spending even close to $500, you're already paying almost twice what you should be! Recently it became known of one customer being quoted $870 dollars! Compare quotes and save. Watch out for insurance companies, EAP companies, and national networks of SAP's who charge hyper-inflated prices! |
| The process works like this: · Evaluation. You meet with a SAP who conducts an evaluation. The evaluation process takes approximately 2 hours to complete. Several evaluative instruments are administered. · Determination. The SAP determines if you need assistance with the alcohol misuse or illegal drug problem. The SAP must provide appropriate documentation to that person who is your company's designated employer representative (DER) to the Department of Transportation (DOT). · Education or treatment referral. The SAP will refer you to the appropriate education or treatment services based upon the needs identified in your evaluation. At a minimum, the SAP or SAP must recommend substance abuse education. If necessary, you will receive a referral to two facilities that provide the services you are required to complete. · Return-to-duty evaluation: The SAP will conduct follow-up evaluation to determine if you have complied with the recommendations for treatment or education that you were given when you first evaluation. · Follow-up testing. The SAP will develope a follow-up testing schedule. The SAP may recommend drug and alcohol testing for those employees who have problems of abuse of more than one substance. You are required to complete at least six tests in the first year upon your return to safety sensitive duty on your job. The SAP will recommend continuation of testing up to sixty months. The SAP may also recommend a "continuing care" regimen (aftercare, meeting with your 12-Step sponsor, 12-Step meetings, etc). |
| COMMERCIAL TRUCK DRIVERS |
| SAP DOT Back-to-Work Evaluation $299 |