Short Answer

An employee who has violated a DOT drug or alcohol rule generally chooses a SAP from a list the employer must provide or through thier own research since the employee is not necessarily limited to that list. There is no regulation that scores or ranks SAPs for a driver, so the choice comes down to practical factors: the SAP's qualification, availability, familiarity with the employee's DOT agency, and whether the SAP offers face to face or remote evaluations. 49 CFR § 40.287

Detailed Explanation

The Employer's Obligation to Provide a List

An employer must give an employee who has violated a DOT rule a list of SAPs that are readily available and acceptable to the employer, including names, addresses, and phone numbers, at no charge to the employee. That list may come directly from the employer or through a consortium/third party administrator (C/TPA). 49 CFR § 40.287

The regulation requires the employer to provide this list. It does not require the employer to pay for the evaluation itself, and it does not require the employee to select only names from that specific list in every circumstance (for example, an unemployed employee may need to locate a qualified SAP independently). 49 CFR § 40.289

Practical Factors Worth Considering

Since Part 40 does not direct an employee toward one SAP over another on the merits, the following are industry practice considerations rather than regulatory requirements:

• Confirmed current DOT SAP qualification, not just a general counseling license
• Experience with the employee's specific DOT agency (FMCSA, FAA, FRA, FTA, PHMSA, or USCG), since safety sensitive functions and testing rules differ by mode
• Appointment availability, since delays in scheduling extend the overall Return to Duty timeline
• Whether the SAP offers evaluations by real time audio-visual technology, where the SAP's license permits it, which can help when the employee has relocated or has limited transportation
• Clear, upfront information about cost and payment expectations

Applicable Regulations

• 49 CFR § 40.287, requiring employers to provide a list of available SAPs at no charge
• 49 CFR § 40.289, clarifying that employers are not required to pay for the SAP evaluation or treatment

Professional Observation

In my experience, employees sometimes feel they must pick whichever name appears first on the employer's list. It's worth asking the DER whether other qualified SAPs are acceptable, particularly if scheduling or location is a problem. The goal is a qualified, available evaluator, not a specific name.

Common Misconceptions

Misconception

The employee must use whichever SAP the employer names first, with no other options.

Reality

The regulation requires the employer to make a list of acceptable SAPs available. It does not prohibit an employee from asking whether other qualified SAPs are acceptable, particularly when scheduling, location, or cost creates a genuine obstacle. 49 CFR § 40.287

Why the Confusion Occurs

Employers often streamline this step by naming one or two SAPs they work with regularly, which can feel like a mandate rather than a starting point.

Frequently Asked Questions

Can I choose my own SAP instead of using the employer's list?

Yes but there may be implications if you intend on remaining with the employer.  This would depend on your employer's policy and, if applicable, any labor agreement. Confirm with your DER whether a SAP outside the provided list is acceptable before scheduling an evaluation.

What if I do not currently have an employer?

An employee without a current employer will generally need to locate a qualified SAP independently. The SAP is still required to send the resulting report to the employee directly in that situation. 49 CFR § 40.311

Related Articles

• What Qualifications Must a DOT SAP Have?
• Can I Change DOT SAPs?
• Can an Employer Select the SAP?
• How Does an Unemployed Driver Complete the Return to Duty Process?
• What Are the Employer's Responsibilities During the SAP Process?

Primary Authorities/Sources

• 49 CFR § 40.287, employer information about SAP services
• 49 CFR § 40.289, employer payment responsibilities

Ready to Schedule Your Evaluation?

If you have received a list of SAPs from your employer, or need help finding a qualified SAP on your own, our office can help you get started.

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