Ask X3What does 49 CFR 40.305 (How does the return-to-duty process conclude?) require?
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As a motor-carrier owner, to conclude the return-to-duty process and allow an employee to return to safety-sensitive functions under 49 CFR 40.305, you must ensure that:
* The Substance Abuse Professional (SAP) has determined that the employee has successfully complied with all prescribed education and/or treatment.
* The employee takes and passes a return-to-duty test, resulting in a negative drug test and/or an alcohol test with a concentration of less than 0.02.
You must not return the employee to safety-sensitive duties until these conditions are met. However, meeting these conditions does not legally force you to put the employee back to work; deciding whether to return the employee to a safety-sensitive position is entirely your business decision, subject to any applicable collective bargaining agreements or other legal requirements.