Can an Employer Overrule a DOT SAP’s Treatment Recommendation?

July 17, 2025

Ophthalmologist's Department

If you are in a safety-sensitive job regulated by the Department of Transportation (DOT), such as driving a commercial truck, working on the railroad, or flying a plane, you already know how strict the rules are around drug and alcohol testing.

But what happens if you fail a test and enter the Substance Abuse Professional (SAP) process? One major question people ask is:

Can my employer decide not to follow the SAP’s recommendations or suggest something else?

The answer is clear. No. Not under DOT rules.

What Does a SAP Do?

A Substance Abuse Professional is a DOT-qualified expert trained to evaluate employees who have violated DOT drug or alcohol policies. Their job is to assess your situation, recommend the appropriate education or treatment plan, monitor your progress, and determine when you are eligible to return to safety-sensitive work. The SAP’s responsibility is to serve the interest of public safety, not the employer or even the employee.

DOT Rules Are Clear: The SAP Has the Final Say

According to DOT regulations under 49 CFR Part 40, an employer is not allowed to change, ignore, or overrule a SAP’s recommendation, regardless of whether they agree with it or believe it is too intensive or expensive.

Employers cannot shorten your treatment plan, substitute it with a different program, or skip the follow-up testing schedule. However, they can require that you complete everything the SAP recommends before they consider you for rehire. Employers also have the right not to bring you back after the process is finished. With your written permission, they may contact the SAP to receive updates on your progress.

Once the SAP outlines a plan, that becomes your required path for returning to safety-sensitive duties. No one has the authority to alter that plan.

Why This Matters

The SAP’s role is to ensure that returning employees are safe to work and fully prepared to handle safety-sensitive responsibilities. Their recommendations are based on your individual circumstances, the nature of the violation, and your overall risk level. Allowing unqualified individuals to make changes to this plan could jeopardize safety, which is why the DOT makes it non-negotiable.

Final Thought

In the world of DOT compliance, the SAP is not just one step in the process. They are the key decision-maker when it comes to treatment and return-to-duty readiness. Employers are legally obligated to follow their lead. This is not about opinions or preferences. It is about federal law, compliance, and public safety.

If you are starting the SAP process, take it seriously. Complete it fully. It is your path back to work.

If you need help understanding what to expect during a SAP evaluation or want help finding a qualified provider in your area, I can help. Just reach out.

Karishma Sarfani

Karishma is a Qualified Substance Abuse Professional (SAP) with a background in mental health and substance abuse counseling, holding credentials as an MS, LCDC, ICADC, CADC II, CSAC, CASAC II, LPC, and EMDR-trained therapist. Inspired by personal experiences with addiction and mental health challenges in her community, she has dedicated her career to supporting individuals on their journey to recovery and success.