Information for Employers and DERs
Employer obligations under Part 40 are specific, and audit findings usually come from the same handful of gaps.
Immediately after a violation
Remove the employee from safety-sensitive functions and provide a list of qualified SAPs at no cost. Document both.
During the process
The SAP communicates with your designated employer representative, not with supervisors generally. Expect the initial recommendation report and, later, the compliance determination and follow-up testing plan.
Before any return
Arrange the directly observed return-to-duty test only after the SAP has reported successful compliance, and get a negative result before safety-sensitive work resumes. Returning an employee is your decision; Part 40 doesn't require it.
Ongoing
Administer the follow-up testing plan as written, keep records, and for FMCSA-regulated drivers meet your Clearinghouse query and reporting duties.
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