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.
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
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
U.S. Department of Transportation, Federal Motor Carrier Safety Administration:
Drug and Alcohol Clearinghouse: For MROs and SAPs, with Industry Q&A | View PDF | Read the blog
Drug and Alcohol Clearinghouse: How to Designate a Substance Abuse Professional (for Drivers) | View PDF
Drug and Alcohol Clearninghouse: The Return-to-Duty Process | View PDF
U.S. Department of Transportation, Federal Motor Carrier Safety Administration (2021)
Drug and Alcohol Clearinghouse | View PDF
For CDL drivers, employers, and C/TPAs (January 2020)
What Employers Need To Know About Drug and Alcohol Testing | View PDF
DOT Office of Drug and Alcohol Policy and Compliance Notice
Office of Drug and Alcohol Policy and Compliance Fact Sheet | View PDF
Workplace Testing Program / ODAPC’s role at DOT
Learn More
Meet our SAP and Director: Eileen Dewey
Federal Motor Carrier Safety Adminstration
DOT Compliance Consultants, LLC — Proud Partners of Maryland SAP
