The length depends on the individual employee. Part 40 ties the SAP process to the education or treatment the SAP recommends for that employee and to the point at which the SAP finds successful compliance, rather than to a set number of days. In a notification published March 4, 2026 (91 FR 10518), DOT stated that "It is never appropriate to provide employees with an estimated RTD timeline before conducting an initial SAP evaluation and assessment."
Under 49 CFR 40.293(e), the SAP must evaluate each employee individually and set education, treatment and a follow-up testing plan "unique to the needs of the individual employee." The DOT notification adds that SAPs should not "fast-track" the process with a promise to get the employee back to safety-sensitive functions as soon as possible, and it lists SAPs performing the process in a very short timeframe among the issues DOT had become aware of.
The order of the steps is set by rule. The SAP conducts the initial evaluation and recommends education or treatment under 40.293, then conducts a follow-up evaluation under 49 CFR 40.301. Under 49 CFR 40.305(a), the return-to-duty test takes place only after the SAP has determined that the employee has successfully complied with the prescribed education or treatment.
Follow-up testing continues after the return. Under 49 CFR 40.307(d), the SAP must direct at least six unannounced follow-up tests in the first 12 months of safety-sensitive duty after the return and may require follow-up tests during the next 48 months. Under 40.307(g), no employer, SAP or other service agent may tell the employee the frequency or duration of the follow-up testing schedule.
For FMCSA-regulated drivers, SAP reporting is covered in What Does a SAP Report to the FMCSA Clearinghouse?.
SAP listings in the MyDrugTesting.com directory can be sorted by rating or name.
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