DOT Regulation for Safety Sensitive Positions

DOT regulation 49 CFR Part 40

View documents and employer information

The Department of Transportation (DOT) regulation – 49 CFR Part 40 – defines the Substance Abuse Professional (SAP) as a person who evaluates employees who have violated a DOT drug and alcohol regulation.

When a person in a safety sensitive position is found to have violated a DOT alcohol or drug related regulation, a SAP evaluation is required.

Drug and Alcohol Clearinghouse, Federal Motor Carrier Safety Administration

Who is covered by this regulation?

There are many employees bound by the 49 CFR Part 40 DOT Regulation. They include*:

  • School bus drivers
  • Airplane mechanics
  • Truck Drivers
  • CDL holders
  • Flight Attendants
  • Train Engineers

* Please note this is just a sampling of the many types of employees covered by this regulation.

Designating a Substance Abuse Professional and the Return-to-Duty Process

Return to Duty Process (RTD)

In Clearinghouse documents from 2021 – see below:

  • The driver must be evaluated by a substance abuse professional (SAP), who also oversees the driver’s treatment and education plan. A driver must contact a SAP and establish a relationship prior to designating him or her in the Clearinghouse. The driver selects his or her SAP (as required per § 40.287). The driver must send a request to designate his or her SAP in the Clearinghouse.
  • Employers, or their designated consortia/third-party administrators (C/TPAs), and substance abuse professionals (SAPs) must now report select parts of the return-to-duty (RTD) process in the Clearinghouse, within specific time frames. This reported information will update the driver’s view of their RTD status.

Questions? We can walk you through the process!

Important Documents

Download PDF Drug and Alcohol Clearinghouse: How to Designate a Substance Abuse Professional (for Drivers) | View PDF
U.S. Department of Transportation, Federal Motor Carrier Safety Administration (2021)

Download PDF Drug and Alcohol Clearninghouse: The Return-to-Duty Process | View PDF
U.S. Department of Transportation, Federal Motor Carrier Safety Administration (2021)

Download PDF Drug and Alcohol Clearinghouse | View PDF
For CDL drivers, employers, and C/TPAs (January 2020)

Download PDF What Employers Need To Know About Drug and Alcohol Testing | View PDF
DOT Office of Drug and Alcohol Policy and Compliance Notice

Download PDFOffice of Drug and Alcohol Policy and Compliance Fact Sheet | View PDF
Workplace Testing Program / ODAPC’s role at DOT

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The SAP Process Simplified

Frequently Asked Questions

Meet our SAP and Director: Eileen Dewey