# Presentation: 702911

## Take a Handout

**Please Take a Handout Located in the Back of the Room**

## What does a Substance Abuse Professional do? 

- Roles & Responsibilities of the SAP

## When do you need a Substance Abuse Professional?

- When an employee has violated DOT drug & alcohol regulations by –
- 			- verified positive drug test result
- 			- a DOT alcohol test with a result
- 			  indicating an alcohol 				  concentration of 0.04 or greater
- 			- a refusal to test

## The Role of the SAP -

- Face-to-face clinical assessment & evaluation.
- Refer and recommend appropriate education and/or treatment.
- Face-to-face follow-up evaluation to determine compliance.
- Provision of follow-up drug and/or alcohol testing plan to the DER.
- Provision of employer & employee with recommendations for continuing education.
- Subpart O – 40.291

## A Substance Abuse Professional ... 

- Conducts the initial evaluation of every employee who comes following a DOT drug and alcohol regulation violation.
- Provides a face-to-face assessment and clinical evaluation.
- Recommends a course of education or treatment with which the employee must demonstrate successful compliance prior to returning to DOT safety-sensitive duty.
- Subpart O – 40.293

## The SAP Evaluation -

- Face-to-face evaluation
- Thorough clinical assessment and evaluation – using assessment tools
- Keeping in mind to not take into consideration:	*employee claim that the test 				was unjustified.
- 					*employee minimizing of use.
- 					*SAP personal opinions of drug Subpart O – 40.291		or alcohol testing.

## SAP Recommendations...

- A recommendation is made for every person who has violated a DOT drug and alcohol regulation.
- Recommendations for education or treatment will to the greatest extent **protect public safety**.
- Treatment may include: in-patient hospitalization, partial in-patient treatment, out-patient counseling, aftercare, self-help groups and community lectures that can be independently verified.
- Subpart O – 40.293

## SAP Responsibilities –

- The SAP is not an advocate for the employer or the employee.
- Primary function is to protect the public interest in safety.
- Collaborate with the Medical Review Officer (MRO).
- Documentation and record maintenance.

## The Follow-Up Evaluation...

- A SAP must re-evaluate the employee to determine if the employee has successfully carried out the education and/or treatment recommendations.
**MUST -** 	1. have face-to-face follow-up 			    evaluation.
- 			2. confer with or obtain documentation 		    from recommended treatment 			    provider.
- Subpart O – 40.301

## Compliance

**Compliance** = demonstration of successful completion of recommended treatment and/or education.
- At this point the SAP will provide a written report directly to the DER highlighting clinical determination of compliance.
- Return-to-Duty Process begins...
- Subpart O -40.301

## Return-to-Duty Process

- The employer determines if the employee is permitted to return to safety-sensitive duties.
- The employer must ensure that the employee takes a return-to-duty test.
- The employee must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02.
- Subpart O – 40.305

## Non-Compliance

- Non-compliance = failure to comply with SAP recommendations for treatment and/or education.
- At this point the SAP will provide written notice directly to the DER.
- As an employer who receives the SAP’s written notice, you must not return the employee to safety-sensitive duties.
- The SAP may conduct additional follow-up evaluations if the employer determines that it is within the employer's policy and/or labor-management agreements.
- Subpart O 40.301

## Who is qualified to act as a SAP?

- Credentials – 	licensed physician
- 				licensed or certified social worker
- 				licensed or certified psychologist
- 				licensed or certified EAP
- 				state-licensed or certified MFT
- 				NAADAC certified drug & alcohol 				counselor
- Basic knowledge
- Qualification training
- Continuing education
- Documentation					Subpart O 40.281

## Confidentiality and Records

- Substance Abuse Professional responsibilities
- Employer responsibilities
- Employee responsibilities

## Question and Answer