Who Decides If an Employee Returns to Duty? The Answer Might Surprise You

When a DOT-covered employee violates a drug or alcohol regulation, the return-to-duty process begins. This includes SAP evaluations, treatment or education, and required testing. But once all of that is completed, one key question remains:

Who makes the final decision to return someone to a safety-sensitive role?

The answer is the employer. Not the MRO. Not the SAP. Not the DOT.

The Return-to-Duty Process: A Quick Overview

Before an employee can be considered for return to duty, they must:

1. Complete a SAP evaluation and the recommended treatment or education
2. Be declared eligible by the SAP for return-to-duty testing
3. Pass a directly observed return-to-duty drug and or alcohol test

Even after these steps are completed, the employee is not automatically cleared to return to work.

That is because the return-to-duty process is employer-driven.

The Employer’s Options After Compliance

Once the SAP determines the employee is eligible and the return-to-duty test result is negative, the employer has full discretion to decide what happens next.

The employer may choose to:

1. Return the employee to a safety-sensitive position
2. Place the employee in a non-safety-sensitive role
3. Terminate employment

DOT regulations do not require an employer to reinstate or rehire an employee. The authority to make that decision lies entirely with the company.

The SAP and MRO provide required evaluations and verifications, but they do not make employment decisions.

MRO vs SAP vs Employer: Who Does What

Only the employer is authorized to decide whether an employee returns to safety-sensitive work.

Practical Advice for Employers

1. Make decisions based on written policy, not external pressure
2. Consider safety, liability, and workplace culture
3. Document decisions clearly and consistently
4. Understand that employer discretion remains intact even after SAP and MRO steps are completed