It's Time DOT SAP Services

Yes. DOT requires the employer to provide SAP names and contact information, regardless of whether the employee is returning to safety-sensitive functions for you or not. If you are terminating the employee, but the employee intends to apply for another job in the transportation industry, successful completion of the DOT return-to-duty process is still required. The employee must receive SAP information from you, the employer that he/she was working for when the violation occurred.
DOT regulation 40.287 prohibits employers from charging an employee for a list of SAPs.

DOT doesn’t specify who must pay for SAP services. As an employer, you can decide if you will pay for these services or not. If you plan to make employees responsible for paying for SAP services, it’s advisable to include this in your written employee policy.

The process can take several weeks or even months. The SAP must conduct an extensive evaluation, which may require several visits with the employee. The SAP must then develop a plan for treatment and education, and do follow-up visits to verify that the employee is complying with the plan.

This isn’t possible. DOT rules prohibit a SAP from determining that an employee needs no treatment or education. The SAP must make a recommendation for treatment or education or both.

The regulation does not mention the use of case managers. The practice of SAPs working under a case manager developed in the early days of this regulation, when some SAPs didn’t understand the rules and there was no requirement that they had to be trained. The addition of a case manager was important for quality assurance.
Assuming a SAP’s training met DOT’s requirements, and the SAP has the requisite professional skills and qualifications, the SAP should be able to work independently. However, you may feel more comfortable using a SAP who provides services under a case manager. The choice is yours.

Only trained SAPs who have passed an exam can provide SAP services. You can verify that a SAP has completed qualification training and the exam by viewing his or her SAPlist profile.
However, as an employer, you are ultimately responsible for ensuring that a SAP is properly credentialed, trained, and has passed an exam. DOT regulations give you the authority to request this information from each SAP that you use. You can ask a SAP to fax or mail copies of his/her training documentation to you, for your files. If the documentation you receive is questionable, you may request additional information, or you may decide to look for a different SAP.

DOT gives full authority to a SAP to make decisions that are therapeutically appropriate. DOT also has made it very clear that a SAP’s primary responsibility is not to get an employee back to work, but rather to protect the safety of the traveling public. A SAP’s recommendation stands and no one can change it. Neither employers or employees are permitted to seek another assessment from a second SAP. (This is called “SAP shopping,” and is specifically prohibited by the regulation. [40.295])

As the employer you may take whatever job action you want to take, considering, of course, any agreements or contracts that are relevant. If you terminate the employee, the employee will be free to seek employment with another DOT-covered employer, but only if he/she successfully completes the SAP’s recommended plan.