Does the regulation cover students who are getting a CDL? Are CLPs covered?
Yes, students who are getting their CDL are covered. First, they will get a CLP (Commercial Learners Permit). The CLP and the CDL are the same under this law. The student must have a negative pre-employment test. If the pre-employment test result is positive, the MRO will enter it on the Clearinghouse. It’s a violation.
The student with a CLP will have to register on the Clearinghouse, and designate a SAP, in the same way that a driver with a CDL does.
Your SAP reports and the follow-up testing plans must be sent to the person at the training school who oversees the testing program. The training program will order a return-to-duty test, and the student can then go back to school. The training program might start the follow-up testing plan. When the student finally qualifies for his CDL and finds his first driving job, the school will forward your documents to that employer.
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I made a mistake and entered the wrong date on a driver’s dashboard. How do I change it?
In the Clearinghouse section for SAPs, go to “How to Report RTD Information”. On page 6, you’ll find “How to Edit RTD Information”. Follow the instruction.
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Where can I find a virtual training for my continuing education requirement?
EAPA is offering two types of continuing education for SAPs, with Tamara Cagney as the trainer.
A 12-hour Zoom training, scheduled on 4 separate days, from 12 noon to 4:00 p.m. (Eastern time)
Tamara Cagney is the instructor for these virtual trainings.
Tamara is also leading a 90-minute Advanced SAP Symposiums on the first Tuesday of every month, by Zoom, 12 noon to 1:30, Eastern time. Participants must have two years of SAP experience. Tamara facilitates this case-based seminar using actual SAP situations as “puzzles”. For more information, https://www.eapassn.org/LiveWebinars Eight of these symposiums in a 3-year period would meet DOT's continuing education requirement.
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What should I do when a company tells me they don’t have a DER.
Every employer is required to have a DER. Don’t ask “Who is your DER?” Most people in a company, including many DOT employees, will have no idea who or what a DER is. Instead, ask the employee, “Who told you that you have a positive test?” Or “Who is in charge of your company’s testing program?” It’s likely that person was the DER.
The DER is the person who receives test results from the MRO or the BAT. The DER is the person who oversees the testing program. The Custody/Control Form must include the DER’s name and phone number. The DER is responsible for removing an employee from safety-sensitive functions. Ask to talk with the Safety Manager, or the Dispatcher. They should be able to tell you who is in charge of the testing program. Rest assured, every employer is required to have a Designated Employer Representative (DER). And actually, many employers have multiple DERs.
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When should I accept a driver on the Clearinghouse?
I suggest that you should not accept a driver immediately upon seeing a request on your dashboard. In fact, in the SAP registration section of the Clearinghouse, you’ll see this sentence: “A SAP should not confirm a designation without having established a working relationship with that driver.”
SAPs have shared stories of drivers who:
- showed up with no money, and who had no intention to pay for SAP services.
- yelled and used foul/inappropriate language over the phone, even before the first meeting.
- threatened the SAP with physical harm within a few minutes of arriving in the office for the initial assessment.
There’s no reason for you to rush to accept a driver before the first appointment. As stated on the Clearinghouse, wait until after you have “established a working relationship with that driver.” In plain terms, I suggest that you not accept a driver until you see the whites of his eyes, you have determined that this is someone you can work with, you feel safe, and you have your SAP fees in your hand. Then, and only then, should you accept the employee’s request to be their SAP.
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Archived e-mails from SAPlist
SAPlist has archived our e-mails. If you are looking for a specific e-mail, or if you wonder if you’ve received them all, go to https://www.saplist.com/for-saps/email-newsletter-archive/
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 REMINDER: SAPlist U For Your Continuing Ed Requirement
SAPlist U provides 12 hours of continuing education related to DOT's testing rules. It is endorsed by EACC, NASW, and NBCC. It’s online, convenient, and you can complete it at your own pace.
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Have questions? Need assistance?
For questions relating to regulations and SAPlist U, use the "Ask Lee" website form. For all other questions, use our general contact form.
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Until next time,
Lee Mauk | SAPlist.com and SAPlist U
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