---
kind: "section"
citation: "49 C.F.R. § 40.289"
title: "49"
number: "40.289"
heading: "Are employers required to provide SAP and treatment services to employees?"
url: "https://uscodex.org/cfr/49/40.289"
---

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

- (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](/cfr/49/40.281.md) 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.

## Notes

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.