Part 40 leaves the question to the employer and the employee. Under 49 CFR 40.289(c), "Payment for SAP evaluations and services is left for employers and employees to decide and may be governed by existing management-labor agreements and health care benefits."
Under 40.289(a), an employer is not required to provide a SAP evaluation or any education or treatment the SAP later recommends for an employee who violated a DOT drug and alcohol regulation. Under 40.289(b), an employer that offers the employee an opportunity to return to a DOT safety-sensitive duty must, before the employee again performs that duty, ensure that the employee receives an evaluation by a SAP meeting the requirements of 49 CFR 40.281 and successfully complies with the SAP's evaluation recommendations.
Part 40 does bar one charge in the SAP process. Under 49 CFR 40.287, the employer must give the employee a list of available SAPs and cannot charge the employee any fee for compiling or providing that list. That requirement is covered in Does an Employer Have to Give an Employee a List of SAPs?.
Under 49 CFR 40.285, the violation keeps the employee from DOT safety-sensitive duties for any employer until the SAP evaluation, referral and education or treatment process is complete. Under 40.305(b), an employer is not required to return an employee to safety-sensitive duties because the employee has completed that process and met the return-to-duty test requirements of 40.305(a). That is a personnel decision for the employer, subject to collective bargaining agreements or other legal requirements.
The full return-to-duty sequence is covered in What Is Required Before a Driver Returns to Duty after a DOT Violation?.
SAP listings in the MyDrugTesting.com directory include a View Profile link and, where a phone number is listed, a Show Phone button.
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