Does an Employer Have to Give an Employee a List of SAPs?

Yes. Under 49 CFR 40.287, an employer must provide each employee who violates a DOT drug and alcohol regulation, including an applicant or new employee, a listing of SAPs readily available to the employee and acceptable to the employer, with names, addresses and telephone numbers.

The employer cannot charge the employee any fee for compiling or providing the list. Under the same section, the employer may provide the list itself or through a C/TPA or other service agent. C/TPA services are covered in What Services Can a C/TPA Perform for a DOT-Regulated Employer?.

Section 40.287 applies to each employee with a violation. Separately, 49 CFR 40.289(a) states that the employer is not required to provide the SAP evaluation itself or the education or treatment that follows, and 40.289(c) leaves payment for SAP services to employers and employees, as covered in Who Pays for a DOT SAP Evaluation?.

The choice of list does not let anyone steer the SAP's recommendations. Under 49 CFR 40.297(a), no one, including an employer, employee, managed-care provider or service agent, may change the SAP's evaluation or recommendations in any way. Under 49 CFR 40.307(c), the SAP is "the sole determiner of the number and frequency of follow-up tests" unless a DOT agency regulation directs otherwise. In a notification published March 4, 2026 (91 FR 10518), DOT reported that some SAPs had prescribed the minimum number of follow-up tests in response to pressure from C/TPAs "or risk being removed from the C/TPA's list of recommended SAPs."

The All states menu in the MyDrugTesting.com directory narrows SAP listings to a single state.