SAP Regulatory Guidelines 2 — Questions and Answers
Question 1: Under 49 CFR Part 40, which agency sets the procedures for DOT drug and alcohol testing?
- SAMHSA
- DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) (Correct answer)
- FMCSA
- DEA
Correct answer: DOT Office of Drug and Alcohol Policy and Compliance (ODAPC)
ODAPC issues 49 CFR Part 40, which establishes procedures all DOT agencies must follow for workplace drug and alcohol testing.
Question 2: A SAP's written report to the employer after completing the face-to-face evaluation must be provided within how many business days?
- 5 business days (Correct answer)
- 10 business days
- 3 business days
- There is no specific deadline
Correct answer: 5 business days
The SAP must provide the written report to the employer within 5 business days of the evaluation per 49 CFR Part 40.
Question 3: Which of the following is NOT a DOT modal agency that enforces drug and alcohol testing regulations?
- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Aviation Administration (FAA)
- Occupational Safety and Health Administration (OSHA) (Correct answer)
- Federal Railroad Administration (FRA)
Correct answer: Occupational Safety and Health Administration (OSHA)
OSHA is not a DOT modal agency and does not enforce 49 CFR Part 40 drug and alcohol testing requirements.
Question 4: When must a return-to-duty drug test be conducted after a SAP recommends an employee's return?
- Before the employee resumes safety-sensitive functions (Correct answer)
- Within 30 days of the SAP's recommendation
- At the employer's discretion
- After completion of all follow-up testing
Correct answer: Before the employee resumes safety-sensitive functions
A return-to-duty test must be conducted and result in a negative result before the employee performs any safety-sensitive function.
Question 5: Under DOT regulations, an employee who refuses to submit to a required drug or alcohol test is treated as having:
- A pending violation pending investigation
- A verified positive test result (Correct answer)
- A dilute specimen requiring a retest
- No violation if no test was collected
Correct answer: A verified positive test result
A refusal to test is treated the same as a verified positive test result under 49 CFR Part 40.191.
Question 6: How many follow-up tests are minimally required after an employee returns to safety-sensitive duty following a SAP evaluation?
- At least 6 tests in the first 12 months (Correct answer)
- At least 3 tests in the first 6 months
- At least 2 tests in the first 3 months
- The SAP determines the exact number with no minimum
Correct answer: At least 6 tests in the first 12 months
DOT regulations require a minimum of 6 unannounced follow-up tests in the first 12 months after return to duty.
Question 7: Which part of the Code of Federal Regulations specifically governs SAP qualifications and the return-to-duty process?
- 49 CFR Part 382
- 49 CFR Part 40 (Correct answer)
- 49 CFR Part 199
- 49 CFR Part 655
Correct answer: 49 CFR Part 40
49 CFR Part 40 is the DOT-wide regulation that establishes SAP qualifications, evaluation requirements, and return-to-duty procedures.
SAP Regulatory Guidelines 2
Under 49 CFR Part 40, which agency sets the procedures for DOT drug and alcohol testing?