§FMCSR.com
Current textIn force on Sept. 30, 2012Source: annual CFR editions 2001–2016

§ 40.289 Are employers required to provide SAP and treatment services to employees?

Current wording, first on file in the 2001 annual edition.

govinfo, 2011 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2011 edition's wording. An amendment that took effect between Oct. 1, 2011 and Sept. 30, 2012 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.289 — Are employers required to provide SAP and treatment services to employees?. Text in force on September 30, 2012. This wording effective October 1, 2001 to present. Source: govinfo, 2011 edition, https://www.govinfo.gov/app/details/CFR-2011-title49-vol1/CFR-2011-title49-vol1-sec40-289. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.289?asof=2012-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As an employer, you are not required to provide a SAP evaluation or any subsequent recommended education or treatment for an employee who has violated a DOT drug and alcohol regulation.

(b) However, if you offer that employee an opportunity to return to a DOT safety-sensitive duty following a violation, you must, before the employee again performs that duty, ensure that the employee receives an evaluation by a SAP meeting the requirements of § 40.281 and that the employee successfully complies with the SAP's evaluation recommendations.

(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.

Amendment history

1 distinct wording on file since Oct. 1, 2001
  1. Oct. 1, 2001 → presentannual editions 2001–2016viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.