September 2020: Virtual Assessments Are Extended Through the End of 2020
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By now you know that ODAPC has extended the time for conducting assessments virtually through the end of December. ODAPC sent an e-mail notification to all SAPs on their listserv.
I have heard from a few SAPs who weren’t aware of the extension, because they hadn’t received ODAPC’s e-mail. If you didn’t receive an e-mail notice from ODAPC about the extension, it means you aren’t on their listserv. 40.281 requires you to be on ODAPC’s listserv in order to be qualified as a SAP. If you aren’t registered there, you technically aren’t qualified. Being on the listserv and being registered on the FMCSA Clearinghouse are not the same. These are two different registrations. Registering on ODAPC’s listserv is mandatory; registration on the Clearinghouse is optional, required only if you are working with FMCSA employees.
A few things to keep in mind:
- A virtual assessment must be visual and audio. You must see and hear the client. You can’t conduct an assessment by phone only.
- If you conduct a virtual assessment, the platform that you use should be indicated on your SAP report.
- Virtual assessments are voluntary; you may still conduct face-to-face assessments.
- The law has not changed. ODAPC is simply not enforcing it during this time.
https://www.transportation.gov/odapc/Statement_of_Enforcement_Discretion_SAPs_and_Service_Agents
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REMINDER: SAP office addresses must be bona fide
Please remember that any office address you list in your SAPlist profile MUST be a real and bona fide office address. You cannot list your private address or a McDonald's in the next city.
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EAPA Offers Virtual SAP Trainings: October & December
EAPA has scheduled two SAP Qualification/Update Trainings on a Zoom Platform. Each training consists of four 3.5 hour sessions, on 4 different days. 14 contact hours.
Oct 20, 22, 27, 29 (4 sessions), 12:00 noon – 3:30 PM, Eastern Time (register by Oct 5) (14 hours)
Dec 8, 10, 15, 17 (4 sessions), 12:00 noon – 3:30 PM, Eastern Time (14 hours)
Presenter: Dr. Tamara Cagney, internal EAP for Sandia National Laboratories in California.
For more information, and to register: https://www.eapassn.org/sap
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Many Employers Don't Understand the Clearinghouse Return-To-Duty Process
I continue to hear about employers who won’t hire a driver because the Clearinghouse shows the driver is ineligible, even though the driver has completed the SAP process. Such confusion!
If an employer has decided to hire a driver, but the Clearinghouse doesn’t show a return-to-duty test date, it is the employer who must order the return-to-duty test.
Employers who don’t understand this have been sending a driver back to the SAP, believing that the driver can’t be hired. And in many cases, the driver has lost the job offer.
I have created a form that you may want to use. Give this form to each driver when you determine that they have successfully complied. Instruct the driver to give it to an employer who says “But the Clearinghouse says you are Ineligible to Drive.” The form explains the process, and it includes the wording of FMCSA Guidance about a single test serving as return-to-duty and pre-employment tests.
Print this form, and copy a small supply of forms for future use. Give the form to every driver, even when they are returning to their previous employer. At the bottom of the form is a place for you to add your name and phone number. That’s optional. If you’d prefer to not have the employer contact you, simply block it out when you make copies.
This confusion and lack of understanding on the part of employers has been frustrating for SAPs, and for drivers. Many drivers have been cut out of jobs because the employer didn’t understand the process. This is one of those occasions when SAPs need to play a role in educating employers.
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 REMINDER: 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.
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Have questions? Need assistance?
For questions relating to regulations and SAPlist U, use the "Ask Lee" website form. For all other questions, use our general contact form.
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Until next time,
Lee Mauk | SAPlist.com and SAPlist U
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