# When is a SAP evaluation required?

**Citation:** 49 CFR 40.285  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency re

## Document text

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.285>
- Source ID: `ecfr`
- SHA-256: `d9a634ebdfd145387efd14d3f263b7adb34567ce5a7743085f37cdb742cdcb0e`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-22T23:06:15.989Z
- Document slug: `49-cfr-40-285`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.285",
  "subpart": "Subpart O—Substance Abuse Professionals and the Return-to-Duty Process",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```