Substance Abuse Professional CEU Workshop
Instructor: Dr. Dawn-Elise Snipes, PhD, LPC-MHSP
Podcast Host: Counselor Toolbox and Happiness Isn’t Brain Surgery
Objectives
~ Review the function of the SAP and how the SAP and LPC/LCSW may need to function together on an interdisciplinary team or in a co-occurring disorders treatment facility.
~ Review DOT policy on recreational and medical marijuana to ensure all LPCs and LCSWs are familiar with the restrictions on any of their clients who may fall under DOT supervision
~ Review the Final Rule that Changes the Definition of ‘Service Agent'
~ Review the procedures for the Revised Federal Drug Testing Custody and Control Form (CCF)
~ Review the Final Rule: Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Function of the SAP
~ The Substance Abuse Professional (SAP) is a person who
~ Evaluates employees who have violated a DOT drug and alcohol program regulation
~ Makes recommendations concerning education, treatment, follow-up testing, and aftercare (up to 60 months).
~ Conducts follow-up evaluation prior to return to work
~ Represent the major decision point an employer may have in choosing whether or not to place an employee back in a safety-sensitive position
~ SAP are advocate for neither the employer nor the employee, their function is to protect the public interest
~ §40.311 What are the requirements concerning SAP reports?
~ (a) As the SAP conducting the required evaluations, you must send the written reports required by this section in writing directly to the DER and not to a third party or entity for forwarding to the DER (except as provided in §40.355(e)). You may, however, forward the document simultaneously to the DER and to a C/TPA.
~ (b) As an employer, you must ensure that you receive SAP written reports directly from the SAP performing the evaluation and that no third party or entity changed the SAP's report in any way.
~ (c) The SAP's written report, following an initial evaluation that determines what level of assistance is needed to address the employee's drug and/or alcohol problems, must be on the SAP's own letterhead
~ (d) The SAP's written report concerning a follow-up evaluation that determines the employee has demonstrated successful compliance must be on the SAP's own letterhead
~ (f) As a SAP, you must also provide these written reports directly to the employee if the employee has no current employer and to the gaining DOT regulated employer in the event the employee obtains another transportation industry safety-sensitive position.
~ (g) As a SAP, you are to maintain copies of your reports to employers for 5 years, and your employee clinical records in accordance with Federal, state, and local laws
~ You must make these records available, on request, to DOT agency representatives (e.g., inspectors conducting an audit or safety investigation) and representatives of the NTSB in an accident investigation.
~ 49 CFR Part 40 Section 40.329 (c) As a SAP, you must make available to an employee, on request, a copy of all SAP reports (see §40.311). However, you must redact follow-up testing information from the report before providing it to the employee.
“Let’s cancel the remaining follow-up tests”
~ A SAP can cancel follow-up testing after 12 months. 40.307(f)
~ Follow-up testing is an effective deterrent.
~ If all the follow-up tests are negative, isn’t that what we want?
~ If a driver has had no accidents for a year, would you consider canceling insurance on the bus?
~ Some SAPs require a full 5 years of follow-up testing, and sometimes with only a few tests in the final 2 or 3 years.
~ Critical: The follow-up testing plan is confidential, not to be shared with the employee
~ Critical: An employer’s labor agreement can’t limit the SAP’s a