The Department of Transportation has instituted a new procedure for drivers with violations. The clearinghouse SAP Evaluation is mandatory for individuals who test positive for alcohol or drugs while on the job. The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation.
The driver must register on the FMCSA Clearinghouse and contact an SAP professional to begin the process. The SAP professional provides an assessment and recommendation to facilitate the process to return to work as soon as possible.
Here is the new process for SAP
MRO verifies a positive drug test or refusal. Or employer verifies a positive alcohol test or an employer-determined refusal
- MRO (or employer) enters the violation on the driver’s record, using the CD# that is now required to be on the CCF
- The driver receives a notification (e-mail or text, according to the driver’s preference) that information has been entered on his record
- A driver goes to his record, views the violation, and enters the name of the SAP he wishes to use
- The Clearinghouse now kicks out a notification e-mail to the SAP, indicating that the SAP has an “invitation” from the driver
- The SAP goes to his/her record on the Clearinghouse and will see an invitation message on the SAP’s dashboard with the driver’s name
- The SAP clicks on “Accept Request” or “Deny Request”
- If the SAP clicks on “Accept Request”, the SAP will now be able to access the driver’s record
- After the SAP completes the assessment and tells the driver what the SAP’s treatment recommendation is, the SAP enters the date of the final assessment meeting
- After determining that the driver has successfully complied, the SAP enters the date of the determination, which means an employer (either the previous employer or a new employer) can order a return-to-duty test
- The SAP is now done. Close the file!
Nothing will happen until the MRO enters a drug test result or refusal, or until the employer enters an alcohol test result or refusal. Entering that information on a driver’s record is the necessary first step in order to start the whole process.
Important considerations:
- An MRO has 2 days in which to report a drug violation.
- An employer has 3 days in which to report an alcohol violation.
That means the driver may be in your office before the violation has been recorded on the Clearinghouse, and therefore the driver hasn’t been able to invite you to be his/her SAP.
The driver must enter your name exactly as it appears in your Clearinghouse registration. For example, if you registered as Deborah Jones, the driver cannot enter Deb Jones. Make sure the driver uses the exact name listed in your Clearinghouse record.
WHAT IF I CAN’T FIND THE DRIVER’S RECORD?
If the driver confirms registration and the violation occurred on or after January 6, the Clearinghouse should contain the violation. For a drug test, contact the MRO’s office if more than two days have passed since the MRO spoke with the driver. Ask whether the MRO has entered the violation.
If the MRO confirms entry, the driver may have missed the email instructions for inviting an SAP evaluation. If the MRO has not entered the violation, ask when they plan to update the driver’s record.
Remember: MROs have two days to report results, while employers have three days to report violations. This timing may explain why the violation does not appear on the driver’s record. You cannot enter the assessment completion date until the system records the violation. The process can be complicated.
NOT EVERY DRIVER MUST REGISTER ON THE CLEARINGHOUSE
FMCSA often makes this statement, which can confuse drivers. However, this does not create a loophole. If a driver never applies for a job with a new employer and has no violations, the Clearinghouse may have no violation-related records for that driver.. When the current employer conducts an annual query, the search will not reveal a violation if none exists.
You can visit us at www.sapevaluation.org for an expedited appointment so we can get you back to work as soon as possible. Our direct contact is 800-683-7745.
