Short Answer

49 CFR § 40.307 requires the Substance Abuse Professional (SAP) to establish a follow up testing plan for the employee returning to safety sensitive duty. The plan must include at least six unannounced tests in the first twelve months of safety sensitive duty. The SAP may require more than six tests and may extend the testing period up to sixty months. The SAP decides the number, frequency, duration, and whether the tests are for drugs, alcohol, or both.

Detailed Explanation

The Minimum Requirement: Six Tests in Twelve Months

The follow up testing plan must include a minimum of six unannounced tests during the first twelve months the employee is back performing safety sensitive duties. This is a floor, not a fixed number. The SAP is not limited to six tests and may require additional testing based on the SAP's clinical judgment about the individual employee.

The SAP's Discretion Over the Plan's Details

Beyond the twelve month minimum, the SAP determines several key details of the plan: how many total tests are required, how frequently they occur, how long the testing period lasts (up to a maximum of sixty months from the date the employee returns to safety sensitive duty), and whether each test screens for drugs, alcohol, or both. This puts the specific design of the follow up testing plan in the hands of the evaluating SAP rather than a standard, one size fits all schedule.

Where the Plan Comes From and Where It Goes

The follow up testing plan is one of the required elements of the SAP's follow up evaluation, described further in 40.291 and documented in the report requirements under 40.311. The plan itself is created by the SAP, but carrying it out unannounced is the employer's responsibility under 40.309.

Applicable Regulations

49 CFR § 40.307 requires the SAP to establish a follow up testing plan with a minimum of six unannounced tests in the first twelve months, extendable up to sixty months, with the SAP determining the specifics.

Professional Observation

In my experience, employees are sometimes surprised to learn that six tests in the first year is a minimum, not a typical or maximum number. Many drivers assume the follow up testing plan will match whatever they have heard from a coworker, but because the plan reflects the SAP's individualized clinical judgment, one employee's schedule can differ meaningfully from another's.

Common Misconceptions

Misconception

Every employee's follow up testing plan is exactly six tests over twelve months.

Reality

Six tests in the first twelve months is the regulatory minimum. The SAP may require more tests and may extend the plan up to sixty months based on the SAP's clinical judgment about the employee's situation.

Why the Confusion Occurs

Because six tests in twelve months is the number most often cited when people describe follow up testing generally, it is easy to mistake that minimum for a fixed universal standard rather than a floor that can be increased.

Frequently Asked Questions

Who decides whether follow up tests check for drugs, alcohol, or both?

The SAP makes that determination as part of the follow up testing plan, based on the nature of the original violation and the SAP's clinical judgment about the employee.

Can the follow up testing period be shorter than twelve months?

No. Twelve months with at least six unannounced tests is the regulatory minimum period and minimum number. The SAP may extend the plan up to sixty months but cannot set the minimum below the floor established in 40.307.

Related Articles

• What Is Follow Up Testing?
• What Does 49 CFR 40.309 Require?
• What Does 49 CFR 40.301 Require?
• Who Administers Follow Up Testing?
• What Does 49 CFR 40.305 Require?

Primary Authorities

• 49 CFR § 40.307, SAP's follow up testing plan

Have Questions About Your Follow Up Testing Plan?

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