SAP Program

About Us

About Us

Dr. Yazmine Marimon, psychotherapist, specializes in the return to work process for the Department of Transportation (DOT). The goal of the program is to make a clearer process while educating employees and employers on how to return to work.

One way the DOT ensures public safety is through DOT drug and alcohol testing and the DOT SAP program. If a driver fails his or her DOT drug or alcohol test at any time, he or she is removed from driving duties.

Dr. Yaz Marimon provides the best support for your safe and timely return to your work duties.

She understands that assessment, education, and counseling require appropriate cultural awareness.

What is a substance abuse professional (SAP)?

A substance abuse professional (SAP), according to the U.S. Department of Transportation's Office of Drug and Alcohol Policy and Enforcement, is a person who may be a doctor, counselor, or therapist, specialized in substance abuse, which evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations regarding education, treatment, and follow-up tests and aftercare.

The SAP is NOT an advocate for the employer or employee. SAP's role is to protect the public interest in safety by professionally evaluating the employee and recommending appropriate treatment, follow-up, and aftercare.

  • Only a DOT-approved SAP can help you begin your return to work process.
  • A SAP is a professional who needs to have specific training to perform their duties in the DOT drug and alcohol testing program.
  • Not all therapists and counselors have SAP training. Do your research before you pay someone and start the process.

What is a safety-sensitive job position?

Any function related to commercial transportation including, but not limited to, moving or controlling a commercial vessel and/or vessel, mechanical maintenance of vehicles and/or vessels; transportation of dangerous materials or containers; maintaining the location of hazardous materials; and armed security. Some examples are school bus drivers, truck drivers, pilots, train drivers, boat drivers, etc.

Steps DOT SAP Program

Steps
1

The employee is referred by the employer.

Many times people seek services even though they have not been referred by the employer or are not working for the company for which they tested positive.
2

Gathering information

Dr. Yaz gathers information about the employee's referral, including reasons for referral, job performance, and previous incidents or drug tests. When employees call, Dr. Yaz will request this information and schedule the evaluation appointment.
3

Schedule of a clinical evaluation

Dr. Yaz schedules a clinical evaluation that can be completed in the office, or online via Zoom, a protected platform for use by healthcare professionals. This assessment lasts about 60 minutes and focuses on alcohol and drug use.
4

Initial evaluation

Dr. Yaz performs the initial evaluation with the employee and explains the process to the employee, including their rights and confidentiality. The employee signs the necessary documents and completes questionnaires and forms.
5

Referral and recommendations

The employee is referred to a service provider to complete the recommendations. Once the in-session assessment is completed, Dr. Yaz recommends a course of education and/or treatment that the employee must complete before returning to work.
6

Initial report

Dr. Yaz writes an initial report which she sends to the employer or the assessee if she is not currently working.
7

Final evaluation

Dr. Yaz performs the final employee evaluation. Once the employee completes the recommendation made in the initial session, a follow-up evaluation is scheduled. This assessment can be in the office or online. The employee must demonstrate compliance with SAP recommendations.
8

Follow-up evaluation report

Dr. Yaz sends the follow-up evaluation report (including drug testing plan follow-up) to the employer. Once this assessment is completed, Dr. Yaz writes a follow-up report for the employer or assessee.
  • She writes a follow-up test plan.
  • The test schedule is sent directly to the employer.
  • The new employer must also request it from SAP in case the employee changes companies.
9

Return to duty drug or alcohol test

The employee must complete a return to duty drug or alcohol test. This test is ordered by the employer once they receive the doctor's report. If the test is positive, you will receive a new violation that requires further intervention from SAP. Remember that drugs like marijuana can remain in your system up to 45 days or more after the last day of use. If it is negative, your employer can decide whether or not to return you to your job position.

Important!!

DOT prohibits SAP from making recommendations to employers regarding employees' suitability for work. It is the employer, not the SAP, who decides for the employee to return to work in a safety-sensitive position. Once the employer has decided to return the employee to work, upon receipt of the SAP letter, the employer sends the employee for a return-to-work drug test.

Once the employee receives a negative drug test result, DOT regulations allow the employer to return the employee to the workplace.

CLEARINGHOUSE

CLEARINGHOUSE.

What you need to know:

The date of the initial evaluation and the date of the follow-up evaluation are entered in the clearinghouse.
It is important that the employee registers on this website and then requests Dr. Yazmine Marimon as their sap; you can do this by taping her name "yazmine marimon" in the "SAP request" where your violation is indicated in your Clearinghouse.
The employer must also register on the website and enter the employee's information.

Register here: www.clearinghouse.fmcsa.dot.gov

Dr. Yaz receives the request and accepts it. Then enter the dates of the assessments once completed.
It is the responsibility of the employer to enter the date of the return to work drug test when the employer has the final process reports sent by Dr. Yaz.

Dr. Yaz uses the zoom platform, encrypted for health professionals, for her online evaluations.

Why am I being tested for drugs?

It is a way for the DOT to ensure public safety based on the history of traffic accidents that have been related to substance use.

A passenger train accident in Chevy Chase Maryland, in 1987, killed 16 people, injured 174, and caused millions of dollars in damage. The driver and brakeman's urine test came back positive for marijuana.

After several significant transportation accidents, Congress passed the Omnibus Transportation Employee Testing Act of 1991 because it recognized the need for safety to ensure that transportation employees do not use drugs or alcohol. The "Act" required that DOT agencies implement drug testing of safety-sensitive transportation employees in aviation, trucking (including school bus drivers and certain limousine and van drivers), railroads, and public transportation industries. and pipes. In 1994, DOT added alcohol testing requirements to its regulations.

News of drivers accused of homicide due to vehicular negligence and testing positive for drugs such as marijuana, amphetamines, and methamphetamines are still frequent.

Why can I get tested? Reasons for testing:

  1. Pre-employment. Pre-employment testing: It is made after an offer of employment for a security-sensitive job position. A pre-employment drug test is a unique employer requirement. The employer may require pre-employment alcohol testing in addition to pre-employment drug testing
  2. Random tests: Without prior notice on a continuous basis, reasonably distributed throughout the calendar year, using a scientifically valid method in which each covered employee has an equal chance of being selected for testing. All employees in positions covered by DOT must be placed in a random testing pool. They are selected at random.
    FMCSA only: Owner-operators, not leased to a motor carrier, must belong to a consortium to meet the random testing requirement.
    PHMSA and USCG: Random alcohol testing is not authorized.
    FRA Only: Random testing is not authorized for partial compliance railroads (those with 15 or fewer covered service employees) or contractors working exclusively for partial compliance railroads.
  3. Post-accident/incident testing: Post-accident/incident testing is performed after an accident or incident.
    • FROM - 219,201
    • FMCSA - 49 CFR Part 382.303
    • FAA - 14 CFR Part 120.109(c) and 120.217(b)
    • FTA - 655.44
    • PHMSA - 199.105(b)
    • USCG - 16.240 and 4.03-1
  4. Proof of reasonable cause/suspicion: Each operational administration defines the requirements for reasonable-suspicious cause testing. The company official or supervisor, based on their training, believes that the employee shows signs of drug and/or alcohol abuse. Observable inappropriate work behaviors, often associated with alcohol and drug use, should be documented.
  5. Return to duty: In order for an employee who has previously tested positive for drugs and/or alcohol to return to a safety-sensitive position, they must have a negative drug and/or alcohol test before returning to work. This test is completed after the final SAP assessment. This evidence must be collected by direct observers of the same gender and after receipt by the employer of the SAP report that the worker has completed and compiled with the recommendations.
  6. Follow-up tests: Once an employee who previously tested positive for drugs and/or alcohol has been cleared to return to work, the employee is still subject to additional testing.
    The SAP determines the frequency and quantity of tests to be performed. The employee must be directly observed by the observer of the same gender for all follow-up tests.
    The SAP cannot recommend less than 6 tests within the first few months and tests cannot be recommended for more than 5 years.
    The follow-up testing plan “follows the employee” in case the employee changes the company.
    FRA only: Locomotive engineers and drivers will be subject to at least 6 unannounced drug and alcohol tests during the first 12 months.

The regulations pertaining to SAPs and the return-to-duty process are found in 49 CFR Part 40 Subpart O. Find more specific information for substance abuse professionals

Frequently Asked

Frequently Asked

The length of the process is based on each case. It depends on the employee's evaluation, recommendations, and completion of the program.

The SAP return to work process is not a service covered by your health insurance. Recommendations provided by SAP may cover some services, such as outpatient or inpatient substance abuse treatment. Insurance may not pay for substance use education courses.
Employers are NOT responsible for paying for this process. They are in charge of giving the employee a list of SAPs in the area. But employees must cover the fee for these services. If the employer decides to pay for SAP services, the employer decides to do so, not an obligation.

Drug testing:A urine sample is collected and sent to a certified laboratory for analysis. Devices that provide instant results are not authorized for DOT testing. Only urine samples are authorized for DOT drug testing.

Alcohol testing involves analyzing your breath or saliva for initial (screening) testing and your breath for confirmatory testing. The sample is collected and analyzed by an approved alcohol-testing device.
addition to urine and breath (as applicable), qualifying post-accident testing under FRA Subpart C Part 219 will require a blood draw, which is tested for alcohol and drugs (as necessary).

You will be tested for the following drugs:

  • Marijuana
  • Cocaine
  • Opioids (codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone)
  • Phencyclidine (PCP)
  • Amphetamines, methamphetamines and methylenedioxymethamphetamine (MDMA)

Prescription medications and over-the-counter medications are allowed; however, they must meet the minimum standards

The treating physician/prescriber has made a good faith decision that the use of the substance at the prescribed or authorized dosage level is consistent with the safe performance of his or her duties.
Best Practices: To help your doctor prescribe the best possible treatment, consider providing a detailed job description. A title alone may not be enough. Many employers give employees a detailed, written description of their job duties to provide to their doctors at the time of the exam.
The substance is used in the prescribed or authorized dose.
If you are being treated by more than one physician, you must demonstrate that at least one of the treating physicians has been informed of all prescribed and authorized medications and has determined that the use of the medications is compatible with the safe performance of his or her duties.
Agency regulations do not prohibit taking the prescribed medication and performing DOT safety-sensitive functions.

NO. Licensed medical marijuana is illegal under federal regulatory laws. If you test positive for marijuana, even if you have a medical card, you must follow the steps and complete the return to duty process with a SAP.

Rejections include, but are not limited to:

  • Failure to appear (failure to appear at the test collection site at the designated time)
  • Do not remain at the testing site until collection is complete
  • Adulteration (urine sample containing a substance or a concentration of a substance incompatible with human urine).
  • Substitution (urine sample containing creatinine and specific gravity levels inconsistent with human urine).
  • Lack of cooperation with any part of the testing process.
In this case, you will be considered a positive, you will be reported to the DOT, your license will be suspended, and you will have to go through the SAP program to be eligible and return to work.

A good rule of thumb is "comply, then complain." If you are instructed to submit to a DOT drug and/or alcohol test and you do not agree with the reason or justification for the test, you must take the test.
Do not interfere with the testing process or refuse testing. Instead, after the test, express your concerns about the testing event to the employer (for example, a detailed letter to your company or through an agreed complaints procedure if you are a member of a labor organisation). You can also express your concern to the Drug and Alcohol Program Manager (DAPM) for the DOT agency that regulates you and your employer.

You will have the opportunity to speak directly with a Medical Review Officer (MRO). During your interview, you will have the opportunity to provide information and/or medical documentation to explain/support why your sample was positive, adulterated, or substituted. Based on the information you provide, the MRO will “verify” your result by determining whether or not there is a legitimate medical reason for your test result. The MRO will report your result to your employer only after making this determination.
During the interview, the MRO will ask if you want to verify the lab result by sending your split or "B" sample (your main sample is the "A" sample) to another lab for analysis. You will have 72 hours from the time the MRO verifies your result to request an analysis of your "B" sample. Who pays for the test is between you and your employer, but the MRO cannot deny or delay your request due to payment issues.

  • Your employer is required to immediately remove you from performing safety-sensitive duties.
  • You will not be permitted to return to DOT-regulated work-sensitive functions until you have:
    • An evaluation by a substance abuse professional (SAP). Your employer should provide you with a list of SAPs you can use; Successfully complete any course, counseling or treatment prescribed by SAP before returning to duty;
    • A follow-up evaluation by SAP itself to determine your compliance with its recommendations;
    • A breath and/or urine sample that tests negative for drugs and/or alcohol prior to returning to DOT-regulated safety-sensitive functions.
You will also be subject to unannounced "follow-up" testing for drugs and/or alcohol at least 6 times during the first 12 months of active duty with the possibility of unannounced testing for up to 60 months (as prescribed by the SAP). Return to work and follow-up drug testing is performed under direct observation.

FAA Only
If you hold a certificate issued by the FAA, it may be revoked.
If you receive a positive result on two required tests, you may be permanently disqualified from performing the same type of safety-sensitive tasks.

Railways Only
Refusing to be tested prohibits you from performing regulated service on any railroad for a minimum of 9 months.

USCG Only
Accredited crew members who have a verified positive drug test result or who refuse to take a drug test will be subject to additional action by the Coast Guard.

Your company policy and/or collective bargaining agreement will determine whether you will be allowed a rehabilitation opportunity or may be terminated from employment.

The misuse of alcohol is:

  • Report or remain on duty with an alcohol concentration of 0.04 or greater.
  • Using or possessing alcohol while performing safety-sensitive functions.
  • Using alcohol within 4 hours of presenting or receiving notification to report for duty or work (whichever is the shorter period) when performing safety-sensitive functions.
  • FAA only
    • Use of alcohol within 8 hours for a flight crew member (pilot or flight attendant or air traffic controller)
    • Alcohol use after an accident (14 CFR Part 120.19 and 120.37)
    Alcohol abuse is a violation of the rules and has consequences.
  • FRA Only
    • A positive alcohol test of .040 BAC or higher will affect your locomotive engineer (§ 240.119) or conductor (§ 242.115) certification.

All employment decisions belong solely to the employer. DOT regulations do not address employment actions such as hiring, firing, or leaves of absence. DOT and USCG regulation may prohibit you from performing your safety-sensitive duties after a positive test result or if you refuse to submit to testing. You should be aware that a positive, adulterated, or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment contract.

Your test results are confidential. An employer or service agent (e.g., a testing laboratory, medical review officer, or substance abuse professional) cannot disclose your test results without your written consent. However, in certain situations, your test information may be disclosed without your consent; such as legal proceedings, complaints or administrative proceedings initiated by you or on your behalf, which resulted from a positive, altered or substituted test result or denial. When your employer discloses your drug and alcohol testing records, the employer must notify you in writing.

Yes, your drug and alcohol testing history will follow you to your new employer. Employers are required by law to provide certain records of your DOT drug and alcohol testing history to your new employer, only when you sign a specific written release regarding that information. This is to ensure that, when necessary, you complete the return to service process and your follow-up testing program.
Additionally, effective January 6, 2020, FMCSA requires employers and service agents to report drug and alcohol violations to the Drug and Alcohol Clearinghouse. (www.clearinghouse.fmcsa.dot.gov) Also requires employers to consult the Clearinghouse on prospective employees to verify there are no violations before performing security-sensitive functions, as well as consult the Clearinghouse on current employees by least once a year.

Most communities across the country have resources available to help confidentially through evaluation and treatment of your problem. If you would like to find a treatment center near you, check your local yellow pages, your local health department, or visit the U.S. Department of Health and Human Services Treatment Center Locator. This site provides contact information for Substance abuse treatment programs by state, city, and US territory.
Additionally, there are many workplace programs to help employees and family members with substance abuse, mental health, and other issues that affect their work performance. While these may vary by industry, here is an overview of the programs that may be available to you:

  • Employee Assistance Programs (EAP):
    While not required by DOT agency regulations, EAPs may be available to you as a matter of company policy. EAPs are typically provided by employers or unions. EAP programs vary considerably in design and scope. Some focus only on substance abuse problems, while others take a broad approach and include your health and family problems. Some programs include prevention and health and wellness activities. Some are linked to its health benefits. With limited exceptions, these programs offer complete privacy and confidentiality.
    Check with your employer to learn about employee assistance benefits (EAP) at your job.
  • Voluntary Referral Programs:
    Often sponsored by employers or unions (or the FRA under 49 CFR Part 219 Subpart K), referral programs provide the opportunity to self-report a substance abuse problem to your employer before violating DOT or company rules. . This gives you the opportunity for evaluation and treatment and may allow you to keep your job. Check with your employer to see if they offer a voluntary referral program.
  • FMCSA only:
    Employees who admit to alcohol misuse or controlled substance use are not subject to the referral, evaluation, and treatment requirements of these Parts 382 and 40 [see 49 CFR Part 382.121].

A third-party administration or consortium is a service agency that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. They typically perform administrative duties related to the operation of the employer's drug and alcohol testing programs. This term includes, but is not limited to, employers joining together to administer, as a single entity, the DOT drug and alcohol testing program of their members.
These agencies are responsible for maintaining records on behalf of the employer

The last step is the follow up testing plan sent by the SAP to the employer.

  • The employer must ensure that the follow-up testing is carried out.
  • A minimum of six follow-up tests must be conducted in the first 12 months after the return to duty drug and/or alcohol test.
  • The driver may also be subject to follow-up tests during the 48 months of safety-sensitive duty following the first 12-month period.
  • The employer must report the date a driver’s follow-up testing plan is successfully completed to the Clearinghouse by the close of the third business day following the date on which the employer obtained the information.

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Miami, FL 33137

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