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

- **operation:** document
- **citation:** 49 CFR 40.295
- **title:** May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?
- **source type:** regulation
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** 2026-08-18
- **summary:** (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
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/49-cfr-40-295.json
- **markdown:** https://regulus.evalyn.ai/document/49-cfr-40-295.md
- **app url:** https://regulus.evalyn.ai/document/49-cfr-40-295
- **source url:** https://www.ecfr.gov/on/2026-08-18/title-49/section-40.295
**body:**

(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.
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- **body characters:** 491