The SAP decides what assistance is appropriate
Under 49 CFR 40.293, a SAP must conduct a comprehensive assessment and clinical evaluation and recommend education and/or treatment for every employee who enters the federal SAP process after a DOT violation. The recommendation must be appropriate to that individual rather than a standard package used for everyone.
DOT's SAP Back to Basics guidance specifically warns against a cookie-cutter approach and against predicting an individual's return-to-duty timeline before the initial evaluation.
Education and treatment are not interchangeable labels
Part 40 allows a SAP to recommend education, treatment or a combination appropriate to the evaluation. Section 40.293 gives examples of education that can include bona fide drug and alcohol education courses, community lectures or independently verifiable self-help participation. Treatment recommendations depend on the SAP's professional assessment and the circumstances of the individual case.
A directory, employer or testing company cannot properly substitute its own preferred course for the SAP's recommendation. Under 49 CFR 40.297, other parties generally may not change the SAP's evaluation or recommendations. The original SAP may modify them when new or additional information supports a change.
Completion means demonstrating successful compliance
After the recommended education or treatment, the SAP conducts a follow-up evaluation. The SAP must obtain appropriate information from the education or treatment provider and conduct the required clinical interview before deciding whether the employee has demonstrated successful compliance.
Successful compliance does not necessarily mean every continuing support or aftercare activity has ended. 49 CFR 40.301 allows the SAP in appropriate circumstances to find successful compliance while recommending that some treatment, counseling or aftercare continue.
SAP compliance is not the return-to-duty test
A successful follow-up evaluation is an important milestone, but it is not a negative drug test and does not itself authorize safety-sensitive work. If the employer decides to consider a return to safety-sensitive duties, the employee must still complete the required return-to-duty test under Part 40.
The employer makes the employment decision. The SAP's role is to determine compliance with the SAP recommendations and provide the required reports and follow-up testing plan.