{"operation":"document","citation":"PI-97-003","title":"Pipeline Safety Interpretation PI-97-003","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1997-04-16","effective_on":null,"summary":"PI-97-003 concerning 199.243.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-97-003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-97-003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-97-003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1997/PI97003.pdf","body":"<<<PAGE 1>>>\n\nDepartment of Transportation\nOffice of Drug and Alcohol Policy and Compliance\n49 CFR Part 40 Interpretation Notice\nQuestion: Does anyone (i.e., employer, managed-care “ gatekeeper” , consortia, third-\nparty administrator, or service provider network) have the authority to change a SAP’ s\ninitial assessment for assistance?\nResponse: No. The Department has long held that employees and employers cannot\n“ shop around” for the SAP evaluation they want in terms of assistance needed by the\nemployee to address the employee’ s alcohol or drug problems. In keeping with this\nposition, the Department believes that no one has the authority to change, append, or\nmodify the SAP’ s initial evaluation recommendation for assistance.\nThis means one SAP, one initial SAP evaluation, and one SAP recommendation is the\nrequirement in determining what assistance, if any, is needed. The rule text does not\nprovide for multiple SAPs, for multiple SAP initial evaluations, or for multiple SAP\nrecommendations for assistance. Nor do the rules provide for SAP recommendations\nto be changed.\nThe Department believes this is most important in cases where a third-party wishes to\nlessen or downgrade a SAP’ s recommendation by changing the SAP’ s evaluation or\nseeking another SAP’ s evaluation. We think that in situations converse to this -- where\nthe third-party wishes a more stringent recommendation -- that the same basic principle\napplies.\nAn employer must ensure that the selected SAP is qualified to do the job, is\nknowledgeable of DOT SAP procedures (for initial evaluation, referral, follow-up\nevaluation, and follow-up testing), and is cognizant of the SAP role and function as it\nrelates to the employer’ s interests in safety sensitive duties. Employers must also\nensure that they receive SAP recommendations directly from SAPs performing the\nevaluation and that no third-party person or entity changed those recommendations.\n\n<<<PAGE 2>>>\n\n4/16/97","truncated":false,"body_characters":1956}