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From: Robert Swotinsky MD
Password: orange
Date: 31 Mar 2008
Time: 14:35:52 -0800
Remote Name: 71.233.246.147
The guy who's doing your return to work evaluation can recommend that any rtw be conditioned on an agreement for random alcohol testing. That's his call -- he has to be able to defend it as reasonable, if challenged. However, I would refrain from referring to him as a SAP (Substance Abuse Professional) since he's not acting as a SAP in this context. SAPs evaluate individuals who have DOT Part 40 test violations. This driver had no such violation. By analogy, you might ask an MRO if it's ok to use a long-acting steroid for injecting a shoulder in someone with rotator cuff dysfunction. The MRO, who is a physician who indeed may have some expertise in joint injections, might be able to answer this. But, that answer would not be in the context of serving as an MRO.
The terminology is important because someone may someday challenge your handling of the case. If you refer to this guy as the SAP, any challenge will cite noncompliance with DOT's SAP procedures, e.g.,
 | The ordering of follow up testing in the absence of a test violation. |
| The failure to perform pre- and post-treatment evaluations of the driver with written reports to the employer. |
| The failure to recommend and, perhaps, monitor treatment. |
If you don't refer to the guy as a SAP, no-one's going to try and hang Part 40 around your neck.
Now that I've dispensed with the terminology issue, here's the answer you're looking for: Yes. It's perfectly appropriate to condition this alcohol abusing truck driver's return to duty on some form of monitoring to assure that he remains safe. This kind of agreement would typically consist of attendance at treatment and/or random alcohol testing. The SAP may even be the right kind of professional to do this return to work evaluation (e.g., as opposed to the company physician). But please don't call him a SAP -- the guy who's doing your return to work evaluation is a substance abuse professional without the capital letters.