Laserfiche WebLink
alcohol test required by DOT drug and alcohol regulations, Provided, <br />That an employee who does not provide a urine specimen because <br />s/he has left the testing site before the testing process commences <br />(see 40.63(c)) for a pre -employment test is not deemed to have <br />refused to test; <br />(4) In the case of a directly observed or monitored collection in a drug test, <br />fail to permit the observation or monitoring of your provision of a <br />specimen (see 40.67(l) and 40.69(g)); <br />(5) Fail to provide a sufficient amount of urine when directed, and it has <br />been determined, through a required medical evaluation, that there <br />was no adequate medical explanation for the failure (see 40.193(d)(2)); <br />(6) Fail or decline to take a second test the Company or collector has <br />directed you to take; <br />(7) Fail to undergo a medical examination or evaluation, as directed by the <br />MRO as part of the verification process, or by the DER following "shy <br />bladder" procedures [see 40.193(d)], or as directed by the employer as <br />part of the insufficient breath procedures [see 40.265(c)]. However, in <br />the case of a pre -employment drug test, the employee is deemed to <br />have refused to test on this basis only if the pre -employment test is <br />conducted following a contingent offer of employment; or <br />(8) Fail to cooperate with any part of the testing process (e.g., refuse <br />to empty pockets when directed by the collector, behave in a confrontational way <br />that disrupts the collection process, fail to wash hands after being directed to do so by <br />the collector). <br />(9) For an observed collection, fail to follow the observer's instructions to <br />raise your clothing above the waist, lower clothing and underpants, <br />and to turn around to permit the observer to determine if you have any <br />type of prosthetic or other device that could be used to interfere with <br />the collection process. <br />(10) Possess or wear a prosthetic or other device that could be used to <br />interfere with the collection process. <br />(11) Admit to the collector or MRO that you adulterated or substituted the <br />specimen. <br />(b) As an employee, if the MRO reports that you have a verified adulterated <br />or substituted test result, you have refused to take a drug test. <br />(c) As an employee, if you refuse to take a drug test, you incur the <br />consequences specified under DOT agency regulations for a violation of <br />those DOT agency regulations. There are no consequences under DOT <br />agency regulations for refusing to take a non -DOT test. <br />B-9 CONSEQUENCES OF VIOLATING THIS POLICY [Ref 382 Subpart E] <br />General. Except as provided in Section B-10 of this policy, an employee who has violated a DOT <br />drug and alcohol regulation; e.g., a verified positive drug test, positive alcohol test, refusal to test, or <br />any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation <br />cannot again perform any DOT safety -sensitive duties for any employer until and unless s/he has <br />completed the SAP evaluation, referral, and education/treatment process set forth in 49 CFR 40, <br />Subpart O. See Section 5 of this policy for DOT regulations. <br />Any employer or safety -sensitive employee who violates 49 CFR 40 or DOT agency drug and <br />alcohol regulations is subject to the penalty provisions of 49 U.S.C. 521(b); and such employees are <br />subject to disciplinary action up to and including discharge, solely at the option of the <br />Company, <br />i. At a minimum, such employees will be prohibited from performing any <br />2020 Drug Screens Plus. All Rights Reserved. (19) FMCSA 20200101 266 <br />