DOT Rule 49 CFR Part 40 Section 40.265 Q&A
§§40.193; 40.265 01/02
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?
• 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.