49 CFR 40.295
§ 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?
United States · 49 CFR — Transportation · Status: effective
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- Citation
- 49 CFR 40.295, § 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/255334
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Full text
(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.
(b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluated by a qualified SAP. If the employee, contrary to paragraph (a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.