Under the US Department of Transportation Federal FMCSA and FTA controlled substances use and alcohol misuse regulations, an employer is required to refer any driver to a Substance Abuse Professional (SAP) for an evaluation in the case of a violation. The Substance Abuse Professional evaluates employees who have violated a drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
Dr. David Fletcher is a certified Substance Abuse Professional with extensive background in evaluating and recommending the necessary treatment to comply with the controlled substance abuse policies of all federal agencies, including FMCSA, FTA, FRA, FAA, PHMSA, and USCG.
SAP Evaluation is needed when an employee has a verified positive DOT test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs. Any positive result under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
Learn more about the qualifications and criteria for an SAP here. DOT Rule 49 CFR Part 40 Section 40.281 Subpart O – Substance Abuse Professionals and the Return-to-Duty Process § 40.281.
Dr. Fletcher will determine what type of education and/or treatment program a driver needs to complete in order to successfully return back to performing safety sensitive tasks. After the employee has completed and has demonstrated compliance with the recommended program, he or she will return to Dr. Fletcher for a 2nd evaluation to determine if that employee can return to safety sensitive tasks.
After Dr. Fletcher determines if this employee can return to safety sensitive tasks, the employer (or the gaining employer) will send the employee in for an observed return to work drug screen. The employee must have a negative same-sex-observed Federal five-panel drug test and/or Breath Alcohol Test (BAT) to return to work. After the second SAP evaluation, Dr. Fletcher will then make a recommendation on how many follow-up tests are necessary to monitor compliance. Employees who violate the DOT’s drug and alcohol policies must have a minimum of six random alcohol or drug tests over a 12 month period set up by the employer or gaining employer.
The Designated Employer Representative (DER) is required to follow the testing plan and to choose the dates to satisfy the plan. According to 49 CFR part 40.307 (e): The requirements of the SAP’s follow-up testing plan “follow the employee” to subsequent employers or through breaks in service.
Employers not regulated by the US Department of Transportation Federal regulations may also send employees who violate company substance abuse policies for a SAP evaluation.
Why Dr. Fletcher?
Dr. David J. Fletcher is a nationally renowned medical expert, providing litigation support and expert testimony in complex trucking & bus litigation accident cases when there is an issue regarding the fitness-for-duty of a driver. He can also advise on occupational & preventive medicine, including industrial illness and injury care; medical direction; case review; analysis and management; impairment determination and disability rating; litigation support, including life care planning; independent medical evaluations; fitness-for-duty/return-to-work evaluations; and workplace drug testing with Dr. Fletcher certified as both a Medical Review Officer (MRO), Substance Abuse Professional (SAP) and Senior Federal Aviation Administration Examiner (FAA-all three classes).
Dr. Fletcher stays current on his certification as a Substance Abuse Professional.
Dr. Fletcher has been a certified SAP for nearly two decades.