§FMCSR.com
Current textIn force on Sept. 30, 2004Source: annual CFR editions 2001–2016

§ 40.309 What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?

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

govinfo, 2003 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2003 edition's wording. An amendment that took effect between Oct. 1, 2003 and Sept. 30, 2004 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.309 — What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?. Text in force on September 30, 2004. This wording effective October 1, 2001 to present. Source: govinfo, 2003 edition, https://www.govinfo.gov/app/details/CFR-2003-title49-vol1/CFR-2003-title49-vol1-sec40-309. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.309?asof=2004-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As the employer, you must carry out the SAP's follow-up testing requirements. You may not allow the employee to continue to perform safety-sensitive functions unless follow-up testing is conducted as directed by the SAP.

(b) You should schedule follow-up tests on dates of your own choosing, but you must ensure that the tests are unannounced with no discernable pattern as to their timing, and that the employee is given no advance notice.

(c) You cannot substitute any other tests (e.g., those carried out under the random testing program) conducted on the employee for this follow-up testing requirement.

(d) You cannot count a follow-up test that has been cancelled as a completed test. A cancelled follow-up test must be recollected.

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.