§40.285 When is a SAP evaluation required?

Current as of Oct 29, 2026Last amended Jun 1, 2023Official text on eCFR ↗

(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 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.

Source: 65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023

Compiled from the Electronic Code of Federal Regulations (eCFR), an editorial compilation and not an official legal edition of the CFR. The official text is the Federal Register and the annual CFR edition. §40.285 on eCFR.