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Legal Resources | Code of Federal Regulations, Title 49 |    40.285  

When is a SAP evaluation required? Part 40—Procedures For Transportation Workplace Drug And Alcohol Testing Programs. Subpart O—Substance Abuse Professionals and the Return-to-Duty Process.   

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(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. 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 urine 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.

(Authority: 49 U.S.C. 5331.)