SAP Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under 49 CFR Part 40, how long must an employer retain a DOT drug test result that was verified positive?
- 1 year
- 2 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Employers must retain records of verified positive drug test results for a minimum of 5 years under 49 CFR Part 40.
Question 2: Which federal agency's drug and alcohol testing regulations are found in 49 CFR Part 382?
- Federal Aviation Administration (FAA)
- Federal Transit Administration (FTA)
- Federal Motor Carrier Safety Administration (FMCSA) (Correct answer)
- Federal Railroad Administration (FRA)
Correct answer: Federal Motor Carrier Safety Administration (FMCSA)
49 CFR Part 382 contains FMCSA's controlled substances and alcohol use and testing regulations for commercial motor vehicle drivers.
Question 3: A SAP's written report to the employer after an initial evaluation must include which of the following?
- The specific substance the employee tested positive for
- Whether the employee is recommended for return-to-duty (Correct answer)
- The employee's diagnosis and treatment details
- The SAP's recommended follow-up testing schedule
Correct answer: Whether the employee is recommended for return-to-duty
The SAP's initial report to the employer must state whether the employee is or is not recommended to return to DOT safety-sensitive duty.
Question 4: Under DOT regulations, an employee who refuses a drug or alcohol test is treated the same as:
- An employee with a verified negative result
- An employee with a verified positive result (Correct answer)
- An employee on medical leave
- An employee under reasonable suspicion
Correct answer: An employee with a verified positive result
A refusal to test is treated the same as a positive test result under DOT regulations, requiring removal from safety-sensitive functions.
Question 5: When must a SAP complete a face-to-face clinical evaluation of an employee who violated a DOT drug/alcohol rule?
- Within 24 hours of the violation
- Within 72 hours of the violation
- Before the employee can be considered for return to safety-sensitive duty (Correct answer)
- Within 30 days of the violation
Correct answer: Before the employee can be considered for return to safety-sensitive duty
The SAP must conduct a face-to-face clinical evaluation before making any recommendation regarding the employee's return to DOT safety-sensitive functions.
Question 6: Which of the following is a permissible reason for a SAP to refuse to provide services to an employee referred for evaluation?
- The employee tests positive for a substance the SAP does not recognize
- The SAP has a personal relationship with the employee that creates a conflict of interest (Correct answer)
- The employee's employer is not listed on the SAP's approved employer registry
- The employee refuses to sign a release for medical records
Correct answer: The SAP has a personal relationship with the employee that creates a conflict of interest
A SAP with a personal conflict of interest, such as a pre-existing relationship with the employee, should decline or recuse themselves to preserve objectivity.
Question 7: Under 49 CFR Part 40, which statement correctly describes the 'stand-down' policy?
- Employers may automatically remove employees from safety-sensitive duties upon receiving an MRO report of a non-negative specimen
- Employers may stand down an employee only after receiving a verified positive result from the MRO
- Stand-down is prohibited under DOT regulations for any reason
- Employers may stand down employees pending MRO verification only with a DOT waiver (Correct answer)
Correct answer: Employers may stand down employees pending MRO verification only with a DOT waiver
Employers may stand down an employee pending MRO verification of a non-negative result only if they have obtained a written waiver from the applicable DOT agency.
SAP Regulatory Compliance & Legal Framework 2
Under 49 CFR Part 40, how long must an employer retain a DOT drug test result that was verified positive?