49 C.F.R. § 40.295
May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?
(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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2023–2023 · leading case: M.A. Carr v. Twp. of Falls & Int'l Union of Operating Engineers Local 542 (Pa. Commw. Ct. 2023).
M.A. Carr v. Twp. of Falls & Int'l Union of Operating Engineers Local 542 (Pa. Commw. Ct. 2023). “49 C.F.R. §40.295 (a)-(b). 6 the letter that “[t]here are no aftercare recommendation[s]” and a “testing schedule [was] on the second page” of the letter.”
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