Can an employer overrule an SAP treatment recommendation?
Guidance: No. If found to need assistance, the employee cannot return to safety-sensitive functions until an SAP’s follow-up evaluation determines that the employee has demonstrated successful compliance with the recommended treatment. An employer who returns a worker to safety-sensitive duties when the employee has not complied with the SAP’s recommendation is in violation of the DOT rule and is, therefore, subject to a penalty. Question 9: Is an employer obligated to return an employee to safety-sensitive duty following the SAP’s finding during the follow-up evaluation that the employee has demonstrated successful compliance with the treatment recommendation? Guidance: Demonstrating successful compliance with prescribed treatment and testing negative on the return-to-duty alcohol test and/or drug test, are not guarantees of employment or of return to work in a safety-sensitive position; they are preconditions the employee must meet in order to be considered for hiring or reinstatemen
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