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Drug and Alcohol Testing

In This Section

DOT Rule 49 CFR Part 40 Section 40.275

Subpart N - Problems in Alcohol Testing§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test? (a) As an STT, BAT, employer, or a service agent administering the testing process, you must document any errors in the testing process of which you...

DOT Rule 49 CFR Part 40 Section 40.273

Subpart N - Problems in Alcohol Testing§ 40.273 What is the effect of a cancelled alcohol test? (a) A cancelled alcohol test is neither positive nor negative. (1) As an employer, you must not attach to a cancelled test the consequences of a test result that is 0.02 or greater (e.g.,...

DOT Rule 49 CFR Part 40 Section 40.271

Subpart N - Problems in Alcohol Testing§ 40.271 How are alcohol testing problems corrected? (a) As a BAT or STT, you have the responsibility of trying to complete successfully an alcohol test for each employee. (1) If, during or shortly after the testing process, you become aware of any...

DOT Rule 49 CFR Part 40 Section 40.269

Subpart N - Problems in Alcohol Testing§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected? As a BAT or STT, or employer, you must cancel an alcohol test if any of the following problems occur, unless they are corrected. These are “correctable flaws.” These...

DOT Rule 49 CFR Part 40 Section 40.267

Subpart N - Problems in Alcohol Testing

§ 40.267 What problems always cause an alcohol test to be cancelled?

As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are “fatal flaws.” You must inform the DER that the test was cancelled...

DOT Rule 49 CFR Part 40 Section 40.265

Subpart N - Problems in Alcohol Testing§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test? (a) If an employee does not provide a sufficient amount of breath to permit a valid breath test, you must take the steps listed in this section...

DOT Rule 49 CFR Part 40 Section 40.263

Subpart N - Problems in Alcohol Testing§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test? (a) As the STT, you must take the following steps if an employee is unable to provide sufficient saliva to complete a test on a saliva...

DOT Rule 49 CFR Part 40 Section 40.261

Subpart N - Problems in Alcohol Testing § 40.261 What is a refusal to take an alcohol test?   (a) As an employee, you are considered to have refused to take an alcohol test if you:   (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as...

DOT Rule 49 CFR Part 40 Section 40.255

Subpart M - Alcohol Confirmation Tests§ 40.255 What happens next after the alcohol confirmation test result? (a) After the EBT has printed the result of an alcohol confirmation test, you must, as the BAT, take the following additional steps: (1) Sign and date Step 3 of the ATF. (2)...