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DOT Rule 49 CFR Part 40 Section 40.265 Q&A

§§40.193; 40.265                                                    01/02
 
QUESTION:
 
Do the five days within which an employee is given to obtain a medical evaluation after providing an insufficient amount of urine or breath include holidays and weekends, or does this refer to five business days?
 
ANSWER:
 
• The five-day limit for obtaining an examination by a licensed physician refers to business days.
 
• Therefore, holidays and weekend days should not be included in the 5-day time frame.
 
Last updated: Monday, June 6, 2016