# May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

**Citation:** 49 CFR 40.295  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.

(b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluat

## Document text

(a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.

(b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluated by a qualified SAP. If the employee, contrary to paragraph (a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.295>
- Source ID: `ecfr`
- SHA-256: `51b5558ce0ce3e3f29b02bf905ed7fde51c2b58b591d072ebcabf293878c34a5`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-23T20:07:54.990Z
- Document slug: `49-cfr-40-295`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.295",
  "subpart": "Subpart O—Substance Abuse Professionals and the Return-to-Duty Process",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```