Understanding DOT Rule §40.303: What Happens After the Return-to-Duty Test?

If you're a Substance Abuse Professional (SAP), employer, or employee in a safety-sensitive position under the Department of Transportation (DOT), you know the return-to-duty process can feel like a maze. One of the most misunderstood parts is what happens after the employee returns to work.

When Is the SAP’s Job Done?

Once a SAP completes the follow-up evaluation report and sends it to the employer, their formal role in the case is complete. That report includes:

1. Confirmation that the employee has complied with the initial treatment plan
2. A recommendation for follow-up testing
3. A date the employee is eligible for a return-to-duty test

At this point, the SAP can close the case. The employer can then:

1. Schedule the return-to-duty test
2. Begin the follow-up testing plan as directed by the SAP

What If the Employee Still Needs Support?

Under DOT Rule §40.303, even after an employee returns to duty, the SAP may believe the person needs ongoing support, such as:

1. Additional treatment
2. Aftercare programs
3. Support group participation

If that’s the case, the SAP must include these recommendations in the follow-up evaluation report.

What Does the Employer Do With These Recommendations?

The employer may choose to include these services in a return-to-duty agreement with the employee. They can:

1. Require participation in the recommended services
2. Monitor and document the employee’s involvement
3. Use Employee Assistance Programs (EAPs) to help with compliance

However, this does not replace the employer’s obligation to carry out the SAP’s follow-up testing plan.

What About the Employee?

The employee is required to follow the SAP’s recommendations. If they don’t, they may face disciplinary action from their employer.

Final Thoughts

The SAP’s role doesn’t always end with the return-to-duty test. If ongoing care is needed, it must be clearly documented. Employers have the option to enforce those recommendations, and employees are expected to comply.

This process isn’t just about checking boxes—it’s about supporting long-term recovery and ensuring safety on the road, in the air, or wherever safety-sensitive duties are performed.