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C.F.R - Table of Contents

  • Title 1 - General Provisions
  • Title 2 - Grants and Agreements
  • Title 3 - The President
  • Title 4 - Accounts
  • Title 5 - Administrative Personnel
  • Title 6 - Domestic Security
  • Title 7 - Agriculture
  • Title 8 - Aliens and Nationality
  • Title 9 - Animals and Animal Products
  • Title 10 - Energy
  • Title 11 - Federal Elections
  • Title 12 - Banks and Banking
  • Title 13 - Business Credit and Assistance
  • Title 14 - Aeronautics and Space
  • Title 15 - Commerce and Foreign Trade
  • Title 16 - Commercial Practices
  • Title 17 - Commodity and Securities Exchanges
  • Title 18 - Conservation of Power and Water Resources
  • Title 19 - Customs Duties
  • Title 20 - Employees' Benefits
  • Title 21 - Food and Drugs
  • Title 22 - Foreign Relations
  • Title 23 - Highways
  • Title 24 - Housing and Urban Development
  • Title 25 - Indians
  • Title 26 - Internal Revenue
  • Title 27 - Alcohol, Tobacco Products and Firearms
  • Title 28 - Judicial Administration
  • Title 29 - Labor
  • Title 30 - Mineral Resources
  • Title 31 - Money and Finance: Treasury
  • Title 32 - National Defense
  • Title 33 - Navigation and Navigable Waters
  • Title 34 - Education
  • Title 35 - Panama Canal
  • Title 36 - Parks, Forests, and Public Property
  • Title 37 - Patents, Trademarks, and Copyrights
  • Title 38 - Pensions, Bonuses, and Veterans' Relief
  • Title 39 - Postal Service
  • Title 40 - Protection of Environment
  • Title 41 - Public Contracts and Property Management
  • Title 42 - Public Health
  • Title 43 - Public Lands: Interior
  • Title 44 - Emergency Management and Assistance
  • Title 45 - Public Welfare
  • Title 46 - Shipping
  • Title 47 - Telecommunication
  • Title 48 - Federal Acquisition Regulations System
  • Title 49 - Transportation
  • Title 50 - Wildlife and Fisheries

CFR > Title 49 - Transportation > SUBTITLE A—Office of the Secretary of Transportation > PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS > SUBPART O—Substance Abuse Professionals and the Return-to-Duty Process (§40.281 to §40.313) > 40.305—How does the return-to-duty process conclude?

40.305—How does the return-to-duty process conclude?

(a) As the employer, if you decide that you want to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully complied with prescribed education and/or treatment. The employee must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming performance of safety-sensitive duties.
(b) As an employer, you must not return an employee to safety-sensitive duties until the employee meets the conditions of paragraph (a) of this section. However, you are not required to return an employee to safety-sensitive duties because the employee has met these conditions. That is a personnel decision that you have the discretion to make, subject to collective bargaining agreements or other legal requirements.
(c) As a SAP or MRO, you must not make a “fitness for duty” determination as part of this re-evaluation unless required to do so under an applicable DOT agency regulation. It is the employer, rather than you, who must decide whether to put the employee back to work in a safety-sensitive position.




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