{"data":{"id":"us/49-cfr-40.285","jurisdiction":"us","citation":"49 CFR 40.285","heading":"When is a SAP evaluation required?","body":"(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.\n(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.","path":["Title 49—Transportation","Subtitle A—Office of the Secretary of Transportation","PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS","Subpart O—Substance Abuse Professionals and the Return-to-Duty Process"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"892cc19a589bde74857d58018e9f6a17bc75b14f793d4016e6ee1233a3142b1e","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-40.283","next":"us/49-cfr-40.287"},"notice":"GroundRules: Original legal text. Not legal advice."}