§ 40.303
(a) As a SAP, if you believe that ongoing services (in addition to follow-up tests) are needed to assist an employee to maintain sobriety or abstinence from drug use after the employee resumes the performance of safety-sensitive duties, you must provide recommendations for these services in your follow-up evaluation report (see §40.311(d)(10)).
(b) As an employer receiving a recommendation for these services from a SAP, you may, as part of a return-to-duty agreement with the employee, require the employee to participate in the recommended services. You may monitor and document the employee`s participation in the recommended services. You may also make use of SAP and employee assistance program (EAP) services in assisting and monitoring employees` compliance with SAP recommendations. Nothing in this section permits an employer to fail to carry out its obligations with respect to follow-up testing (see §40.309 ).
(c) As an employee, you are obligated to comply with the SAP`s recommendations for these services. If you fail or refuse to do so, you may be subject to disciplinary action by your employer.