Implementation Guidelines - Federal Transit Administration - U.S. ...

knowledge will be a major asset when
assessing the needs of your employees and
their ability to perform safety-sensitive
duties. Backup SAPs should also be
selected to provide assessments when the
primary SAP is not available. MROs, other
physicians, community mental health
centers, Employee Assistance Programs
(EAP), universities, private practitioners,
and trade associations may provide you with
a list of possible SAPs in your area.
Section 2. SAP ROLES AND
RESPONSIBILITIES
Any time an employee or applicant tests
positive for drugs or alcohol, or refuses a
test, the employer is required to immediately
remove the individual from safety-sensitive
duties and make an SAP referral. Additional
consequences are left to the discretion of the
individual employer. Some employers
provide a second chance, while others
adhere to a zero-tolerance policy and
discharge the employee. The role of the
SAP varies depending on if the employee is
terminated or allowed to return to duty.
Employers that have zero-tolerance
policies (i.e., first positive results in
termination) must provide the employees a
list of SAPs that are readily available with
names, addresses, and telephone numbers
[§40.287]. Applicants who test positive or
Chapter 9. Substance Abuse
Professionals, Rehabilitation, and
Treatment
refuse a test must also be provided a SAP
list. Employers with zero-tolerance policies
are not required to provide a SAP evaluation
or any subsequent recommended education
or treatment. The employer is only required
to make a referral to a qualified SAP. If the
individual chooses to make an appointment
and follow through with the assessment and
subsequent treatment, he/she does so on
their own at their own expense, and without
any participation by the employer.
Employers with second chance policies,
however, must provide a SAP list and ensure
that employees have completed the SAP
evaluation, referral, education/treatment, and
return-to-duty process before the individual
can be allowed to perform safety-sensitive
job duties [§40.291].
Who pays for SAP evaluations and
services is up to employer discretion, and is
not dictated by the regulation. In some
cases, SAP assessments are covered under
health care benefits. The decision of who
pays is also open to collective bargaining.
When an employee is referred to a SAP,
the SAP must carry out the responsibilities
defined in Subpart O of Part 40.
Initial SAP Evaluation [§40.293].
Make a comprehensive face-to-face
assessment and clinical evaluation to
determine what level of assistance the
employee needs in resolving problems
associated with alcohol use or prohibited
drug use. The evaluation should be
comprised of a standard psychosocial
history, an in-depth drug and alcohol use
history, and current mental status. The
evaluation should provide a diagnosis,
treatment recommendations, and a treatment
plan that must be followed by the employee.
9-3 August 2002