The employer handbook available on the ODAPC Web site provides a list of Part 40 refusals and the instructions for handling them. 4 Houston-area bicyclists hospitalized after struck by teen driver as alleged prank fails: report A witness alleged that the pickup truck driver had been accelerating in an attempt to blow diesel. You must base your decisions on the DOT instructions and NOT on personal opinions about whether the employee is a long-time reliable worker has ever tested positive or refused a test was correctly selected for the test or claims to have misunderstood the collector’s instructions to remain at a collection site, among others. Refusals to submit to a drug or alcohol test are defined in §382.107. For others, the determination is your responsibility. Some refusals are determined by medical review officers ( 49 CFR Part 40 Subpart G) and alcohol technicians ( 49 CFR Part 40 Subpart N). The DOT regulations outline refusals to test for drugs and alcohol. The driver must immediately be removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional. Either of these results requires the driver to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.Ī driver's refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test.
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