May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?

• No. The regulation (at 40.307(d)(4)) and SAP guidelines state that employers must not impose additional testing requirements that go beyond the SAP’s followup testing plan. This includes additional testing requirements under company 

• In addition to follow-up testing and random testing, an employer has other means available to ascertain an employee’s alcohol- and drug-free performance and functions. 

— The employer can choose to monitor the employee’s compliance with
the SAP’s recommendations for continuing treatment and/or education as
part of a return-to-duty agreement with the employee.
— The employer can conduct reasonable suspicion testing if the employee
exhibits signs and symptoms of drug or alcohol use.
— The employer can meet regularly with the employee to discuss the
employee’s continuing sobriety and drug-free status.

• The Department is not opposed to an employer discussing his or her desires for having more than the minimum rule requirement (i.e., 6 tests in the first year) for follow-up testing with SAPs they intend to utilize.

DOT Part 40 Questions and Answers 1/2002