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September 2019 E-mail Blast

Welcome to Fall!  The switch from summer to fall is never gradual.  Labor Day is the “day between”, and now here it is...the first day of a new season.

SAP Update Training – St. Louis – September 28-29

For SAPs who are looking for a SAP update in a classroom setting, EAPA will be offering a post-conference training following the World Conference in St. Louis.  Training dates:  September 28-29 (Sat/Sun).

This training is, by far, the very best source of new and updated information for your SAP practice.  The trainer, Tamara Cagney, is a savvy and seasoned SAP who has been a SAP since the regulation started in 2001.  You are bound to learn things about the regulation that you never knew.

Deadline for registration: Sunday, September 8. 
http://www.eapassn.org/EAPA-2019 You don’t have to be a member of EAPA.  (If you aren’t a member, you’ll have to create an account so that EAPA can communicate with you, but that’s easy to do.)

Register for EAPA’s SAP Update Training

New Employers Must Obtain All Return-to-duty Documentation from a Previous Employer

In working with a DOT employer, you have probably found that when an employee is changing jobs, the previous employer doesn’t know what he must send to the employee’s new employer.

View the Form on DOT's Site
(For an FMCSA employer, Question II-A must be changed to “three years”, not two.)

Notice at the top, #6.  Documentation.  This may be more than copies of your SAP reports.  If the employee has a violation and has been working for that employer, this documentation would include evidence of a negative return-to-duty test, and all follow-up tests that the previous employer has conducted.  These would be CCFs.  (Since employers are required to keep all return-to-duty documentation for 5 years, an employer can’t claim that he “threw them away because the results were negative”.) 

The new employer will now put these CCFs into the employee’s file, and pick up the follow-up testing plan where the previous employer left off.  If the new employer is audited, an auditor will expect to see all paperwork related to the employee’s return-to-duty, starting with a negative return-to-duty test CCF.

As a SAP, you may need to explain this to an employer.  A new employer should not take a previous employer’s word for how many follow-up tests have been completed.

If the employee had been terminated, you can certainly send your SAP reports and follow-up testing plan to the new employer.  But if the employee had returned to his old employer, and now is moving to a new employer, your SAP reports will have to be sent by the previous employer, along with CCFs.  You don’t have any information about an employee’s return-to-duty test or follow-up tests.  Only the previous employer can supply that information.

 

No DOT job, No DOT Follow-up Testing

Recently there have been a spate of questions about follow-up testing.  Let me clarify:

All DOT testing is on-duty testing, ordered by a DOT employer only when an employee is in a DOT safety-sensitive job. 

If an employee is not working in a DOT safety-sensitive position, he is not a threat to public safety, and there would be no reason for him to be subject to follow-up testing.  When a truck driver decides to work as a barista for a couple years, Starbucks can’t order his DOT follow-up tests.  When he eventually tires of making lattes and goes back to driving a Commercial Motor Vehicle, he will need a negative return-to-duty test (observed), and then your follow-up testing plan kicks in.  While he probably hoped that his follow-up testing plan would magically disappear while he was in a coffee shop, it did not.

The Clearinghouse – January 6, 2020

In only 3 more months, the Clearinghouse will begin, and there will be enormous changes.  The loopholes will be closed!  In order to provide SAP services after January 6, 2020, you must be registered on the Clearinghouse.  Watch for an e-mail from FMCSA sometime this month, giving you instructions about how and when you can register on the Clearinghouse.  And before you ask…I don’t know what “registration” will involve.  (I’m waiting for the same e-mail.)

SAPlist UREMINDER: SAPlist U For Your Continuing Ed Requirement

SAPlist U provides 12 hours of continuing education related to DOT's testing rules.  It is endorsed by EACC, NASW, and NBCC.  It’s online, convenient, and you can complete it at your own pace.

Go to SAPlist U Continuing Ed
Until next time,

Lee Mauk signature

Lee Mauk  |  SAPlist.com and SAPlist U
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