49 CFR 40.291 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 1.1 To Appendix To Subtitle A) — Office Of The Secretary Of Transportation (§ 1.1 To Appendix To Subtitle A) — Procedures For Transportation Workplace Drug And Alcohol Testing Programs (§ 40.1 To Appendix H To Part 40) — Substance Abuse Professionals And The Return-To-Duty Process (§ 40.281 To § 40.313) — What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?

(a) As a SAP, you are charged with:

(1) Making a face-to-face clinical assessment and evaluation to determine what assistance is needed by the employee to resolve problems associated with alcohol and/or drug use;

(2) Referring the employee to an appropriate education and/or treatment program;

(3) Conducting a face-to-face follow-up evaluation to determine if the employee has actively participated in the education and/or treatment program and has demonstrated successful compliance with the initial assessment and evaluation recommendations;

(4) Providing the DER with a follow-up drug and/or alcohol testing plan for the employee; and

(5) Providing the employee and employer with recommendations for continuing education and/or treatment.

(b) As a SAP, you are not an advocate for the employer or employee. Your function is to protect the public interest in safety by professionally evaluating the employee and recommending appropriate education/treatment, follow-up tests, and aftercare.