Substance Abuse Professional .Part

For substance abuse professionals (SAPs), providing SAP services while not meeting SAP qualifications required by Part 40 or performing evaluations without face-to-face interviews or... 

CFR Part 40, Subpart O — Substance abuse professionals and the return-to-duty process. 

Whether the driver failed to undertake or complete a rehabilitation program prescribed by a substance abuse professional (SAP) per Part 40 or Part 382 requirements. (This information may be obtained from the previous employer or, if the employer does not have this information, directly from the driver.)... 

A service agent means any person or entity, other than an employee of the employer, who provides services specified imder this part to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. 

The consequences for drivers found to have violated Subpart B of this Part, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under Part 40, Subpart 0, of this title. (9) Your policy must clearly state what the consequences are to a driver who violates the prohibitions listed in Subpart B of Part 382. For carriers that have a zero-tolerance policy, this is simple — you will provide the driver with a list of substance abuse professionals, and then terminate employment. For carriers that do not terminate, you must detail your SAP program in your written policy. 

Safety and health professionals are prone to the same addictions as others within our society. One major abuse issue is the use of prescription medication as well as the use of illegal controlled substances within our society, and arguably within a percentage of our safety and health professional population. The safety and health profession, unlike the legal and medical professions, possesses no ability or mechanism through which to provide rehabilitation assistance to safety and health professionals. Currently, safety and health professionals are lone rangers with no direction or assistance from the profession itself. In the future and as part of any licensure process, the safety and health profession, rather than individual employers, should provide assistance to individual safety and health professionals in addressing addiction issues. 

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