Can an Employee Get a Second SAP Evaluation?

Not to obtain a different recommendation. Under 49 CFR 40.295(a), an employee who has been evaluated by a SAP "must not seek a second SAP's evaluation in order to obtain another recommendation." Under 40.295(b), the employer also must not seek a second evaluation when a qualified SAP has already evaluated the employee, and if the employee obtains one anyway, the employer may not rely on it for any purpose under Part 40.

Under 49 CFR 40.297(a), no one, such as an employer, employee, managed-care provider or other service agent, may change the SAP's evaluation or recommendations in any way. The rule states that third parties may not make a SAP's recommendation more or less stringent, whether by changing the evaluation or by seeking another SAP's evaluation.

The SAP who made the initial evaluation may change it. Under 40.297(b), that SAP may modify the initial evaluation and recommendations based on new or additional information, such as information from an education or treatment program. Under 49 CFR 40.307(f), the SAP may also modify follow-up testing determinations, for example by ending testing at any time after the first year, but may not reduce the minimum of six follow-up tests in the first 12 months after the employee returns.

A SAP must not perform evaluations outside the geographic jurisdiction of the SAP's credentials under 40.297(c). If that happens, the rule states that the employee will not be required to seek the evaluation of a second SAP. Remote evaluations are covered in Can a DOT SAP Evaluation Be Done Remotely?.

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