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2019 SAP Update Trainings

Many of you have been asking about the 2019 SAP Training schedule.  We’re happy to be able to share this information with you!

Blair Consulting Group has turned over its SAP Qualification & Update Trainings to EAPA (Employee Assistance Professionals Association).  Same curriculum, same manual, same continuing education hours.  And, best of all, same trainer, Tamara Cagney

Here are the dates and locations of 2019 trainings:

  • March 8-9  (Fri/Sat) – Las Vegas
  • April 25-26  (Fri/Sat) – Pittsburgh
  • July 12-13  (Fri/Sat) – Chicago
  • September 28-29 (Sat/Sun) – St. Louis

To register, www.eapassn.org.

Statements About an Employee's Ability to Return to Work

A number of you have been asked by employers to add a statement to their SAP reports to the effect that “this employee may now be returned to work.”  I suggest that you not comply with that request.  Please look at 40.311, either in the regulations or in the “Follow-up Evaluation Process” section of the "SAP Guidelines".  DOT hasn’t requested that statement to be included in your SAP report.  In addition, 40.305(c) states: 

“…you must not make a ‘fitness for duty’ determination as part of this re-evaluation…  It is the employer, rather than you, who must decide whether to put the employee back to work in a safety-sensitive position.”

Making a statement about the employee’s return to work could be misconstrued by the employer as a directive, which could have consequences of liability for you as the SAP.  I suggest that you stay away from making any statements that even tell the employer that it’s “ok” to order a return-to-duty test.  The employer is well aware that if you report compliance, the employer can order a return-to-duty test.  The employer doesn’t have to be told.  As a SAP, your only task is to report that the employee has “successfully complied” with your recommendation.  (40.301).

If an employer is asking whether they can conduct a return-to-duty test, direct the employer to 40.305(a), which says:

“This [return-to-duty] test cannot occur until after the SAP has determined that the employee has successfully complied with prescribed education and/or treatment.”

A SAP’s report of successful compliance is all that the employer needs.  He can then decide whether to conduct a return-to-duty test.  An additional statement from you, the SAP, is neither required nor necessary.

Lee Mauk
SAPlist.com

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