FAQs
E Code of Federal Regulations – http://www.dot.gov/regulations.html
Question: Do I have to give an SAP referral for a positive pre-employment test since I haven't hired the employee?
Answer: Yes. 49 CFR 40.287
As an employer, you must provide to each employee (including an applicant or new employee) who violates a DOT drug and alcohol regulation a listing of SAP's readily available to the employee and acceptable to you, with names, addresses, and telephone numbers. You cannot charge the employee any fee for compiling or providing this list. You may provide this list yourself or through a C/TPA or other service agent.