Frequently Asked Questions

 YES !

  NO !

Non-owner-operator CDL drivers can also receive these same DOT testing and clearinghouse reporting services from a C/TPA service provider.  However, non-owner operator CDL drivers must select a C/TPA registered with the clearinghouse for their Step 5 and Step 6 testing requirements to be recorded in it. 

Note: The clearinghouse support line will confirm that, “non-owner operator CDL drivers with difficulty finding employment can be sent by a C/TPA registered in the clearinghouse to complete their Return-To-Duty test and follow-up testing requirements

Non-Owner operator CDL drivers needing to meet SAP testing compliance requirements must register an “employer account” to choose a Clearinghouse registered C/TPA for the purpose of providing them testing and clearinghouse reporting services.

Note: This “work around” requirement for SAP designated CDL non-owner operator drivers to select a C/TPA administrator to receive testing services or join a testing consortium can only be confirmed by calling the clearinghouse support line.

  YES.

Non-Owner operator CDL drivers needing to meet SAP testing compliance requirements must register an employer account to appoint a C/TPA to provide them services.

Note: This “work around” requirement for SAP designated CDL non-owner operator drivers to select a C/TPA administrator to receive testing services or join a testing consortium can only be confirmed by calling the clearinghouse support line.

YES

 NO.   

But their business partner affiliates might.

It is one possible explanation as to why SAP drivers are so frequently misinformed and confused by SAP counselors, and even to the point of being given written instructions which are incorrect.  Considering how unambiguous that part of the overall Clearinghouse /SAP process is, it is unclear why SAP drivers are not more well informed, especially considering most SAP counselors do not provide the SAP evaluation with recommended testing schedule, but once, and thereafter refuse any cooperation with forwarding recommended testing schedules thereafter, even when there are no other records available from other employers.

NO.

 Forwarding of a CDL driver clients' SAP evaluations and recommended testing schedules to the first employer of a SAP designated CDL driver, OR to a consortium testing C/TPA administrator, if a non-owner operator CDL driver selects a C/TPA for consortium testing services. 

 NO...   And it is for this reason that it is questionably ethical for unknowing CDL non-owner operator drivers to be charged in advance for multiple years of follow-up tests, except in special cases.  Considering that most non-owner operator SAP designated CDL drivers will have at least some of their follow-up tests ordered by carrier employers,,..................?!?!  (fill in the blank).

NO  

SAP counselors are only obligated to provide the recommended testing schedule to the first carrier employer or testing consortium administrator.  Current guidelines intend that later carrier employer clearinghouse administrators are supposed to obtain SAP driver testing records from the earlier employer, and presumably use that testing schedule as guidance for implementing a follow-up testing schedule for newly hired SAP designated CDL drivers. 

Currently, carrier companies are only being fined and penalized for not sending CDL drivers (including owner operators) to do at least two random drug tests per year. 

 NO.  

They are not, and often do not clear drivers, even in cases where a SAP designated driver has documented proof of having 4 or more follow-up tests completed. This is especially common in cases where a CDL driver has had more than one employer since completing their return to duty testing requirement; and where earlier SAP designated driver employers did not implement follow-up testing, or any follow-up testing schedule consistent with the minimal number of 4 random follow-up tests in a 12-month period.  

NO.

 The SAP counselor’s evaluation has a recommended testing schedule, but it does not have to be followed by a carrier employer for an SAP designated CDL driver. 

Simple Answer: They cannot.

According to the Clearinghouse support line, the only recourse SAP designated CDL drivers have is to file a complaint, or have a complaint filed on their behalf; which is highly unlikely to result in any timely resolution of a step 6 SAP driver’s inability to prove compliance with SAP testing requirements following completion of any previously implemented or recommended testing schedule.

There is no one simple answer, 

except to call us for a free consultation.  

In many cases, repeating all follow-up tests recommended at any time point since completing Step 5 may not be needed.  

In the worst cases, where no documentation can be obtained on behalf of an SAP designated driver, the minimum allowable follow-up testing schedule, will need to be repeated, minimally over a 12-month period (per 49 CFR  Part 382...).