Urgent News for Employers
In response to the shocking facts reported last week in FreightWaves Magazine regarding Brandon Blackburn, who fraudulently acted as a Substance Abuse Professional (see article here). NDASA wants to be clear: The Federal Motor Carrier Safety Administration (FMCSA) needs to make changes to the SAP self-certification and driver Return To Duty (RTD) processes. However, such changes take time, and the FMCSA cannot fix the problems of fraudulent SAPs alone.
Significant progress can be made on this issue if employers fulfill their regulatory responsibilities when violations occur. In addition, employers need to be vigilant and ensure that a qualified SAP has actually evaluated the employee.
In the Blackburn case, every company responsible for putting nearly 1,000 drivers back on the road after they were cleared by the unqualified actor Brandon Blackburn must be held accountable.
Ultimately, it is the DER’s responsibility to vet out the SAPs to whom they are referring their employees. This is not optional! When DERs don't fulfill this duty, they put public safety at risk. These violations should incur civil penalties under the FMCSA framework.
WHAT SHOULD HAPPEN NEXT
- Every DER, Consortium/Third Party Administrator, and SAP referral service needs to make a deep dive into their databases to search for the name Brandon Blackburn.
- Drivers “cleared” by Mr. Blackburn must be removed from safety-sensitive duties immediately and be required to restart the Return to Duty process with a qualified SAP.
- Employers must notify the FMCSA Clearinghouse and request the removal of all completed steps for each driver who was “cleared” by Brandon Blackburn.
While it is time for a systematic revolution, it must begin with appropriate actions by employers and C/TPAs.
JOIN NDASA's NEXT TOWN HALL (3.25.2026)
NDASA has invited SAPs from all over the country to discuss this issue in depth and the travesty to public safety.
Please join us for this important conversation:
DATE: Wednesday, March 25
TIME: 2 p.m. (EST)
ZOOM MEETING LINK