STEPHEN K. ENZOR
Certified Employee Assistance Professional (CEAP)
QUALIFIED SUBSTANCE ABUSE PROFESSIONAL
Handling Department of Transportation Drug and Alcohol Violations
under 49CFR Part 40 and the Return to Duty Process
The purpose of this flyer
is two-fold:
1) Gives instruction to the employee on how to meet the requirements
of the DOT Return to Duty process 2) Meets the employers requirement
to provide the driver with a list of qualified SAPs
My driver just tested
positive in a DOT required drug/alcohol test. What am I obligated
to do?
First, you must remove the driver from his/her safety sensitive
position. Second, you must provide them with a list of qualified
Substance Abuse Professionals (SAP). Providing the driver with this flyer
meets your obligation in this process. The employee cannot return
to a safety sensitive position until the entire DOT Return to
Duty process is completed.
What is a SAP?
A Substance Abuse Professional (SAP) is an addiction professional
with knowledge and clinical experience in the diagnosis and treatment
of substance related disorders who has also met additional DOT
requirements.
What is the function
of the SAP?
The function of the SAP is to protect the public interest by
acting as the gatekeeper for the Department of Transportations
Return to Duty process. The SAP does not represent the driver
or the employer.
Who is eligible to qualify
as a SAP?
The SAP must be a M.D., D.O. licensed social worker, a licensed
psychologist, a Certified Employee Assistance Professional (CEAP)
or an alcohol and drug abuse counselor certified by the International
Certification Reciprocity Consortium/Alcohol and other Drug Abuse
(ICRC).
What qualifies a professional
to be a SAP?
In order to meet the DOT qualifications and requirements, the
employer must ensure that the SAP can document knowledge and
clinical experience in the diagnosis and treatment of substance
abuse disorders. In addition, the SAP must have demonstrated
through training and examination, a thorough understanding of
DOT regulations. It is important to note that degrees and certifications
alone do not meet these requirements.
Who is responsible for
paying for the services of the SAP?
This is decided between you and your employee; however, whatever
the policy is, it should be consistently applied to every employee
and it should be written in your policy and procedure manual.
If I terminate the employee,
do I still have to refer them to a SAP?
The rules require the employer to provide the employee with a
list of qualified SAPs, regardless of whether or not their employment
is continued. Your
requirement is met by providing the driver with this brochure.
Can an employee
continue to do safety sensitive work prior to completing the
SAP Return to Duty process?
Any DOT employer is prohibited from returning the employee to
safety sensitive duties prior to the completion of all requirements
of the return to duty process. Provisions for severe fines against
the employer and/or employee exist for violations of these requirements. |
What does the Return to Duty
process involve?
1. The employer provides the employee with a list of qualified
SAPs (this
brochure).
2. The employee has a face-to-face evaluation with the SAP and
is given a referral to a separate resource who provides the education
and/or treatment recommended by the SAP.
3. The results of the evaluation are given to the employer in
letter form.
4. Once the employee completes all recommended education and/or
treatment, he returns to the SAP for a follow-up evaluation to
determine participation, progress and compliance with all recommendations.
5. The SAP provides a letter documenting compliance and outlining
the number and frequency of the required follow-up testing.
After the employee returns
to work, how do I know when to do follow-up testing?
The SAP will provide the employer with a plan for follow-up testing,including
a recommended number and frequency in which to test. (Example:
four tests in the first six months and two in the final six months
for the first year.) The employer is responsible for the timing
of the tests. Follow-up testing does not replace the normal DOT
required random testing. Testing could last one to five years.
How long does the Return
to Duty process take?
Each case is different, and length of education/treatment may
vary. Satisfactory completion requires measurable progress, not
just attendance. Therefore, length of time is affected by the
employees active participation. Keep in mind that the SAP
is required to place protecting the publics interest above
the employees desire to return to safety sensitive duty.
STEPHEN K. ENZOR
Certified Employee Assistance Professional (CEAP)
www.sapdrugtesting.com
Employee Assistance Certification
Commission #030157
SAP training and examination through NAADAC (National
Association of Alcohol and Drug Abuse Counselors) #10020
Over 25 years experience in evaluation and treatment of
substance abuse and dependence.
Certified Medical Review Officer Assistant. Medical Review
Officer Certification Council (MROCC) #06-1568
Over 10 years experience as Assistant to Medical Review
Officer (MRO), including completion of Physicians MRO Training
course through the American Association of Medical Review Officers
(AAMRO)
Certified Behavioral Health Care Technician (Florida Certification
Board) #1807
Certified Breath Alcohol Technician (BAT)
An extensive list
of qualified SAPs may be obtained by logging onto:
www.eap-sap.com
or www.saplist.com.
Copies of the complete rules are available on the DOT web site:
(www.dot.gov/ost/dapc).
Phone: 863-287-7887 Fax: 863-294-5533
Email: steveenzor@verizon.net
Evaluation appointments
are available in several locations within Florida. |