Who Decides If an Employee Returns to Duty? Understanding Employer Authority Under DOT Rules

When a DOT-covered employee violates a drug or alcohol regulation, the return-to-duty process begins. This includes SAP evaluations, required treatment or education, and DOT testing. Once those steps are complete, an important question remains:

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

The answer is the employer.
Not the Medical Review Officer (MRO).
Not the Substance Abuse Professional (SAP).
Not the DOT.

The Return-to-Duty Process Overview

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

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

Even after all of these steps are completed, the employee is not automatically reinstated. The DOT return-to-duty process is employer-driven.

Employer Options After Compliance Is Met

Once the SAP has cleared the employee and a negative test result is received, the employer has full discretion to decide next steps. Options include:

1. Returning the employee to a safety-sensitive position
2. Reassigning the employee to a non-safety-sensitive role
3. Terminating employment

DOT regulations do not require an employer to reinstate or rehire an employee after a violation. That authority remains entirely with the employer.

The SAP and MRO provide guidance and verification, but they do not make employment decisions.

Roles Explained: SAP, MRO, and Employer

SAP (Substance Abuse Professional)

Provides clinical evaluations, recommends treatment or education, and determines eligibility for return-to-duty testing.

MRO (Medical Review Officer)

Reviews and verifies DOT drug test results and confirms whether a violation occurred.

Employer

Makes the final employment decision, including whether to return the employee to duty, reassign them, or end employment.

Only the employer has the authority to make this decision.

Practical Guidance for Employers

1. Base decisions on written company policy
2. Consider safety, liability, and workplace standards
3. Document decisions thoroughly
4. Understand that DOT processes support employer decision-making but do not override it

Returning an employee to a safety-sensitive role is not just a compliance decision. It involves accountability, risk management, and public safety. Employers are expected to exercise judgment within DOT guidelines, not defer responsibility to SAPs, MROs, or regulators.