- 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 follow-up testing plan. This includes additional testing requirements
under company authority.
- 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.
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