§382.311 requires the carrier to follow the SAP's follow-up testing plan after a driver returns to duty under §382.309. The plan must specify at least six unannounced direct-observation tests in the first 12 months following return-to-duty, and may extend to a total of 5 years from the return-to-duty date. The carrier — not the SAP — administers the tests, but the SAP's plan is binding.
Severity weight
Severity weight 5 in the Controlled Substances & Alcohol BASIC. The risk is not just the weight: missing a SAP-required test is treated as a §382.211 refusal, which immediately moves the driver back to "prohibited" status in the Clearinghouse and re-triggers the §382.309 process.
What the SAP plan specifies
- Number of tests in each phase (often 6 in the first 12 months, then declining by year).
- Test type (drugs, alcohol, or both — based on the original violation).
- Direct-observation collection per §40.67 is required for every follow-up test.
- The plan terminates only when the SAP closes it; an employer cannot end follow-up early.
How to prevent missed follow-ups
- Calendar every SAP-scheduled test as a discrete event with a 7-day window per the SAP plan.
- Pre-arrange collection-site access for unannounced tests — the surprise is the policy, the logistics are not.
- When a driver moves between employers, the inheriting carrier inherits the §382.311 plan; obtain the SAP plan from the prior employer via §40.25 and §382.413.
How Roadworthy HQ helps
Roadworthy HQ stores the SAP plan against the driver record, schedules each follow-up test as a calendar event, surfaces overdue tests on the dashboard, and links each test result to the §40 Subpart O Clearinghouse status.