Office of Drug and Alcohol Policy and Compliance: Recent Changes to 49 CFR Part 40

Office of Drug and Alcohol Policy and Compliance (ODAPC) had made changes to the Department (DOT) Rule, 49 CFR Part 40.


OPAPC’s Statement of Enforcement (SED) ended on June 1, 2023. During the COVID-19 crisis, ODAPC relaxed their enforcement of many rules, however ODAPC will begin implementing strict adherence to Part 40 as of June 1, 2023. All service agents, SAPs, and employers who violate the rules will be subject to penalties and fines.


The United States Department of Transportation requires all DOT-regulated companies to assign someone with authority and thorough knowledge of the regulations of the company’s Designated Employer Representative (DER). Information on what a DER is and what their responsibilities can be found at What is a DER? 


Employers are required to provide information on two DOT-qualified SAP’s to an employee who has a drug violation, though a company can always have a preferred SAP. More information can be found at