49 CFR 40.309 - What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?
(a) As the employer, you must carry out the SAP's follow-up testing requirements. You may not allow the employee to continue to perform safety-sensitive functions unless follow-up testing is conducted as directed by the SAP.
(b) You should schedule follow-up tests on dates of your own choosing, but you must ensure that the tests are unannounced with no discernable pattern as to their timing, and that the employee is given no advance notice.
(c) You cannot substitute any other tests (e.g., those carried out under the random testing program) conducted on the employee for this follow-up testing requirement.
(d) You cannot count a follow-up test that has been cancelled as a completed test. A cancelled follow-up test must be recollected.
- 49 CFR 40.303 — What Happens if the SAP Believes the Employee Needs Additional Treatment, Aftercare, or Support Group Services Even After the Employee Returns to Safety-Sensitive Duties?
- 49 CFR 40.29 — Where Is Other Information on Employer Responsibilities Found in This Regulation?
- 49 CFR 382.705 — Reporting to the Clearinghouse.
- 49 CFR 382.719 — Availability and Removal of Information.