A SAP is a Substance Abuse Professional who has met the minimum requirements of education and training set forth by the Department of Transportation (DOT) Office of Drug & Alcohol Policy & Compliance. A DOT qualified SAP evaluates DOT job applicants, employees and former employees in safety-sensitive positions who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare in order for the current or former employee to return to a safety sensitive position or for an DOT job applicant to pursue a DOT safety-sensitive position. A SAP may also provide similar services to non-DOT employees who have violated workplace drug & alcohol policies and are mandated by the employer to complete a SAP assessment and follow up recommendations in order to maintain current employment.

DOT services involve safety-sensitive employees (DOT job applicant, current and former employees) whose jobs are regulated by the federal Department of Transportation and who fail or refuse a standardized DOT drug/alcohol test. In all cases, the DOT job applicant, current or former employee cannot pursue or return to a safety-sensitive job until released by a SAP, following a completed assessment and any educational or treatment requirements established by the SAP. Non-DOT services pertain to a current employee who fails drug/alcohol tests administered by the employer, often as part of a drug-free workplace program, or a current DOT regulated employee who self-identifies as having a drug or alcohol problem, independent of any DOT testing regimen or DOT violation. There are no federal regulations or standards governing non-DOT employees who fail drug or alcohol tests administered by the employer and DOT regulated employees who self-identify as having a drug or alcohol problem must not have violated any DOT regulations in order to be considered a non-DOT referral. Non-DOT employees often remain on-the-job during the SAP assessment and any follow-up recommendations. In the case of both the DOT regulated employee and the non-DOT regulated employee, the employer is not required to maintain the employment of the employee. However, DOT regulated current or former employees and job applicants who fail or refuse a required DOT drug or alcohol test cannot pursue or return to a safety-sensitive job with any current or future employer until all of the requirements of the SAP process are met.

All DOT qualified SAP providers are required to pass a national certification examination every 3 years and the procedures and practices for providing DOT regulated SAP services are standardized for everyone in the profession nationwide, thus eliminating most inequities and variables that might alter the outcomes or favor one provider over another. Once a SAP provider has been designated by a DOT current or former employee or job applicant, no other opinion is allowed and no one can change the outcome or recommendations, other than the designated SAP.

The FMCSA Clearinghouse is for CDL drivers only. Registering in the Clearinghouse is not required by DOT but may be required by the SAP. If you have previously registered in the Clearinghouse under a different phone number, you may have to contact the Clearinghouse to update your account. The phone number for the Clearinghouse is 844-955-0207. The benefit of registering in the Clearinghouse is immediate access by any employer needing to verify an employee or job applicant’s status in completing the SAP assessment and eligibility to pursue or return-to-duty. Employers must annually query the Clearinghouse for each driver they currently employ. The Clearinghouse only contains DOT violations which occurred on or after January 6, 2020.

Links to register in the FMCSA Clearinghouse and designate a DOT qualified SAP are listed on the Resources page. In order to designate T. Dianne Macpherson as your SAP, search with the exact last name spelling only: “Macpherson”.

In order to be absolutely clear on the SAP process, the procedures, requirements, limits and expectations should be spelled out in a signed agreement between the SAP and the DOT regulated job applicant, current or former employee to avoid any misunderstandings. A proprietary SAP Statement of Understanding is located on the Links page, which should answer any questions about the SAP process with T. Dianne Macpherson, DOT qualified SAP.

The SAP program for DOT-regulated job applicants, current and former employees is divided into 2 parts: completion of the return-to-duty (RTD) process and completion of the follow-up testing program. The return-to-duty process is individualized for each employee, based on the severity of the problem and compliance with recommendations. The SAP must recommend either an education program or a treatment program or both and the process might involve a few weeks up to several months for completion. A DOT covered job applicant, current or former employee cannot pursue or return to safety-sensitive duty until the return-to-duty process is completed, including passing a return-to-duty drug and alcohol test. A job applicant, current or former employee could fail a return-to-duty drug test if not enough time has elapsed since the initial failed DOT test. A follow-up drug and alcohol testing program lasts for a minimum of 12 months up to 5 years and follows the employee to any place of employment during that time. The follow-up testing plan is not shared with the job applicant, current or former employee and is in addition to any random testing program required by DOT. The length of the participation for non-DOT employees is established on a case-by-case basis and is not subject to the same requirements and restrictions as the program for DOT safety-sensitive employees.

A refusal in any form is considered a violation of DOT alcohol and drug regulations and the SAP assessment process must be followed prior to becoming eligible to pursue or return-to-duty in a safety-sensitive position.

No commercial or government insurance covers a SAP assessment for DOT regulated employees and job applicants. An EAP (Employee Assistance Program) may include this benefit at no cost to the employee and employers may assist the employee in paying for these services, by payroll deduction or other means. Full payment of the SAP assessment fee is required prior to beginning services. The cost of education and/or treatment services are the responsibility of the employee and are not included in the SAP assessment fee. However, if a job applicant or current or former employee meets the criteria of a substance use disorder, medically necessary treatment (not education) may be a covered benefit by some insurances. In the case of non-DOT services, the cost of the SAP assessment sessions is often a benefit of the employer-sponsored EAP program and may be provided at no cost to the employee. The cost for recommended education and treatment services are usually the responsibility of the non-DOT regulated employee unless there is an insurance benefit for medically necessary treatment.

DOT regulated employers of CDL drivers in North Carolina and South Carolina are required to submit reports of DOT drug and alcohol violations to the Department of Motor Vehicles (DMV) in each state. There is a short time-frame for reporting these violations to each respective state’s DMV: North Carolina within 5 days and South Carolina within 3 days. Instructions for reporting these violations are located on the Resources page. Once a DOT regulated employee or job applicant has completed all SAP requirements and determined to be eligible for a return-to-duty drug and alcohol test by the SAP, the SAP submits copies of the completed SAP reports to the DMV in the applicable state. The CDL driver may then apply to have the CDL license reinstated and a fee may apply.

No - the SAP only informs the employer when the employee or job applicant has successfully completed all recommendations based on the SAP assessment. The employer makes the final determination about returning an employee to safety-sensitive duty or allowing a job applicant to pursue a DOT safety-sensitive job or return full employment, in the case on non-DOT employees. A follow-up drug and alcohol testing plan is required for all DOT regulated employees for up to 5 years and non-DOT employees may be subject to more frequent random drug tests according to company policy.

If there is no current employer, in the case of a job applicant or terminated employee, SAP reports are retained by the SAP until there is a designated employer. The SAP may provide a copy of the reports, except for the follow-up testing plan, to the employee or job applicant. In the case of CDL independent owner/operators, there must be a designated 3rd party administrator (C/TPA) in the FMCSA Clearinghouse, which oversees compliance with DOT testing regulations. SAP reports, as well as the follow-up testing plan, are forwarded to the C/TPA in these situations.

There are no restrictions upon the SAP in communicating with the Medical Review Officer, education and/or treatment program personnel and providing reports to the current employer or third party administrator (C/TPA) and such information can be disclosed by the SAP without obtaining a signed release from the employee or job applicant. There are also exceptions to confidentiality regulations, in the case of imminent danger to self or others, known or suspected child abuse or neglect, court orders for medical records from a judge or when a licensed counselor seeks medical or legal consultation. In all other cases, a signed consent by the employee or job applicant is required for release of information.

The simple answer is YES. There are cutoff concentrations for all drugs prohibited by the US Department of Transportation. Heavy drug use prior to the initial failed drug test might continue to register as a failed drug test even after a significant amount of time has passed, despite zero drug use since the initial failed test. It is impossible to accurately predict the exact about of time required to clear a specific drug from a person’s system because of the many variables involved. To be absolutely certain that concentrations of any drug are below the allowed DOT cutoffs, an employee should consider a self-paid trial test with a reputable lab prior to an official return-to-duty DOT test.

The entire SAP assessment process starts all over again as if it is a new assessment. The same fees apply as well as the same guidelines and procedures as in the original SAP assessment. A DOT current or former employee or job applicant who fails a RTD test is not required to return to the SAP who provided the prior assessment although this may make the process easier since a relationship already exists.