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CFR › Title 49 › Subtitle A › Part 40 › Subpart O › Section 40.289

49 CFR 40.289 - Are employers required to provide SAP and treatment services to employees?

There is 1 rule appearing in the Federal Register for 49 CFR 40. Select the tab below to view, or View eCFR (GPOAccess)
§ 40.289
Are employers required to provide SAP and treatment services to employees?
(a) As an employer, you are not required to provide a SAP evaluation or any subsequent recommended education or treatment for an employee who has violated a DOT drug and alcohol regulation.
(b) However, if you offer that employee an opportunity to return to a DOT safety-sensitive duty following a violation, you must, before the employee again performs that duty, ensure that the employee receives an evaluation by a SAP meeting the requirements of § 40.281 and that the employee successfully complies with the SAP's evaluation recommendations.
(c) Payment for SAP evaluations and services is left for employers and employees to decide and may be governed by existing management-labor agreements and health care benefits.

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 102 - Department of Transportation

§ 301 - Leadership, consultation, and cooperation

§ 322 - General powers

§ 5331 - Alcohol and controlled substances testing

§ 20140 - Alcohol and controlled substances testing

§ 31306 - Alcohol and controlled substances testing

§ 45101 - Definition

§ 45102 - Alcohol and controlled substances testing programs

§ 45103 - Prohibited service

§ 45104 - Testing and laboratory requirements

§ 45105 - Rehabilitation

§ 45106 - Relationship to other laws, regulations, standards, and orders

§ 45107 - Transportation Security Administration

USC: Title 49a

§ 1301 note

§ 1434 note

§ 1618a

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 40 after this date.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40