ASAP Warns of Fraudulent SAP Practices Threatening Public Safety
BALTIMORE — March 26, 2026 — The U.S. Department of Transportation Office of Drug and Alcohol Policy and Compliance (ODAPC) recently issued a federal notice reinforcing that Substance Abuse Professionals (SAPs) must strictly follow the Return-to-Duty (RTD) process under 49 CFR Part 40.
On March 4, 2026, the ODAPC notice stated, “The Substance Abuse Professional (SAP) is the ‘gatekeeper’ for the Department of Transportation’s return-to-duty process,” adding, “The SAP’s responsibility to the public is enormous.”
This warning comes at a critical time, as dangerous compliance failures and fraudulent practices within the SAP industry continue to surface, posing real risks to public safety.
A Growing Threat to Public Safety
A recent investigation by FreightWaves revealed a shocking case in which a cocaine-positive truck driver posing as a qualified Department of Transportation (DOT) SAP cleared more than 1,000 drivers for RTD from within the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. The Clearinghouse, which tracks drug and alcohol testing violations for commercial drivers, allowed the individual in question to falsely register as a SAP and then fraudulently clear the drivers of their violations.
This type of misconduct creates a dangerous ripple effect. It enables unqualified drivers to return to safety-sensitive duties, thereby increasing the risk of impaired driving on public roadways and threatening public safety.
The consequences of such loopholes and oversights are not theoretical. They are real, immediate, and potentially catastrophic.
The Danger Behind “Fast & Cheap” RTD Programs
ASAP warns employers and employees to be cautious of websites advertising “fast,” “guaranteed,” or low-cost RTD programs.
These offers often signal non-compliant or fraudulent practices, including:
- Pre-determined timelines before SAP evaluations
- One-size-fits-all treatment plans
- Minimal or improper follow-up testing
- Unqualified or uncredentialed SAP providers
These services may seem convenient, but can lead to:
- Invalid RTD clearance
- Permanent career consequences for employees
- Serious liabilities and penalties for employers
- Heightened risks to public safety
A Warning from an Industry Expert
Nicole Hanratty, CEAP, SAP, SAE and ASAP COO, who brings more than 23 years’ experience in the SAP and RTD process, said:
“I’ve seen firsthand how shortcuts in this process can put lives at risk. The SAP role is not a formality; it is a safeguard. When individuals seek the fastest or cheapest option, they may unknowingly engage with non-compliant providers, and the consequences can be devastating, not just for their careers, but for every person sharing the road.
“The RTD process must be thorough, individualized, and clinically driven. Anything less compromises the integrity of the program and the safety of the traveling public.”
DOT Expectations: No Shortcuts. No Compromises. No Exceptions.
The U.S. Department of Transportation officially requires every RTD case to follow a structured, clinically driven process under 49 CFR Part 40, including:
- A clinical evaluation by a qualified DOT SAP
- Individualized education or treatment recommendations
- A follow-up evaluation confirming compliance
- A mandatory follow-up testing plan
SAPs must remain independent, properly credentialed, and guided by clinical judgment, not pressured by speed or cost.
Any website or provider advertising “average completion times less than one week” or “expedited RTD clearance” is a red flag. These practices are more than violations of federal regulations: They undermine the integrity of the RTD process and create serious risks to roadway safety.
A Call to Employers and Safety-Sensitive Employees
DOT officials and industry experts emphasize one crucial point: Shortcuts in the RTD process are not just a compliance concern; they seriously threaten public safety.
Employers have a responsibility to work only with ethical and qualified DOT SAPs. Employees and employers alike must recognize that selecting the wrong SAP can have long-term consequences for both safety and compliance.
Under DOT regulations, employers must provide a vetted list of SAPs to any employee with a DOT violation, including pre-employment candidates. Those SAPs must be experienced, knowledgeable, and fully compliant with federal requirements. A trusted SAP service agent can support safe compliance practices.
While many employers may not routinely verify a SAP’s credentials, DOT regulations mandate careful vetting for current employees and new hires. When hiring new DOT-covered employees who have a current or past DOT violation, employers must confirm that the SAP adhered to all DOT regulations when guiding that employee through the RTD process.
By ensuring the use of trusted SAPs in every case, employers can protect their workforce, their company, and the safety of everyone on the road.
About ASAP
ASAP provides compliant DOT SAP evaluations, RTD program management, and regulatory guidance, helping employers and employees navigate compliance while protecting the safety of the nation’s transportation systems. Protect your career, company and future with the leaders.
Resources and Guidance
- DOT Federal Notice:
https://www.govinfo.gov/content/pkg/FR-2026-03-04/pdf/2026-04337.pdf - ASAP SAP Resource Article:
https://go2asap.com/dot-resource-articles-education/saps-role-as-gatekeeper-and-dot-regulatory-updates/ - ASAP Resource Library:
https://go2asap.com/dot-resource-articles-education/ - DOT ODAPC Guidance:
https://www.transportation.gov/odapc/part40 - FreightWaves Investigation:
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