(c) Initial Proficiency Demonstration. (m) As the employee, if you decline to allow a directly observed collection required or permitted under this section to occur, this is a refusal to test. (2) If you and the laboratory have determined that no further testing is necessary, contact the employee and inform the employee that the specimen was invalid. (2) Your continuing education activities must include documentable assessment tools to assist you in determining whether you have adequately learned the material. (c) Laboratory name and address (can be pre-printed on the CCF). The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. (e)Refresher training. If an external source is not available, you may meet this requirement by securing all sources of water and other substances that could be used for adulteration and substitution (e.g., water faucets, soap dispensers) and providing moist towelettes outside the closed room. (c) The BAT or STT uses a non-DOT form for the test (see 40.225(a)). An official website of the United States government Here's how you know. May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations? $50. (3) If CCF documentation indicates that the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection under direct observation. (1) These proceedings include a lawsuit (e.g., a wrongful discharge action), grievance (e.g., an arbitration concerning disciplinary action taken by the employer), or administrative proceeding (e.g., an unemployment compensation hearing) brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results). A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the MRO. Introduction: Chlorella sp. MediaLab's online course in Department of Transportation (DOT) Regulated Urine Specimen Collection satisfies the requirements for qualification training as outlined in Federal Regulations, 49 CFR Part 40. (2) You must check the Observed, (Enter Remark) box and enter the reason (see 40.67(b)) in the Remarks line (Step 2). In addition, if you have arranged an informal meeting with the Director, you may present witnesses and confront any person the initiating official presents as a witness against you. [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001; 75 FR 8529, Feb. 25, 2010; 75 FR 13009, Mar. (2) If the CCF documentation shows that the recollection was directly observed as required, report this result to the DER as a negative-dilute result. 40.183-40.185 - Transmission of split specimen test results to MRO. (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., removal from a safety-sensitive position). How can you get an exemption from a requirement in this regulation? All confirmed laboratory results must be processed by the MRO before they are released to any other party. You must inform your employees in advance of your decisions on these matters. (1) In such a case, you must retain the specimen for a minimum of 5 business days from the date on which you initiated action to correct the problem. (1) For this purpose, the concerned DOT agency is the one whose drug and alcohol testing rules apply to the majority of the covered employees in your organization. They are not required to also complete the training requirements of this section in order to act as BATs. (8) To prepare the sealed plastic bag containing the specimens and CCF for shipment you must: (i) Place the sealed plastic bag in a shipping container (e.g., standard courier box) designed to minimize the possibility of damage during shipment. If, in your reasonable medical judgment, a medical qualification issue or a significant safety risk remains after you communicate with the employee's prescribing physician or after 5 business days, whichever is shorter, you must follow 40.327. As the collector, you must take the following steps before actually beginning a collection: (a) When a specific time for an employee's test has been scheduled, or the collection site is at the employee's work site, and the employee does not appear at the collection site at the scheduled time, contact the DER to determine the appropriate interval within which the DER has determined the employee is authorized to arrive. Invalid Results Reported (total number), U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62-300, 1200 New Jersey Avenue SE., Washington, DC 20590, Fax: (202) 366-3897. Reading, Social Studies, and Science averages include minor grades which count 60% and major tests which count 40% of the final average. The Director may use flexible procedures to allow you to present matters in opposition. This includes protecting the physical security of records, access controls, and computer security measures to safeguard confidential data in electronic data bases. 40.113 Where is other information concerning laboratories found in this regulation? (3) You must be knowledgeable about this part, the DOT MRO Guidelines, and the DOT agency regulations applicable to the employers for whom you evaluate drug test results, and you must keep current on any changes to these materials. (d) If the employee admits to using a drug, you must, on the same day, write and sign your own statement of what the employee told you. Nor may you catheterize a conscious employee. (a) Except where otherwise specified in this part, as a service agent you may receive and maintain all records concerning DOT drug and alcohol testing programs, including positive, negative, and refusal to test individual test results. If the employee does not do so, you must note this on the Remarks line of the ATF. (1) This continuing education must include material concerning new technologies, interpretations, recent guidance, rule changes, and other information about developments in SAP practice, pertaining to the DOT program, since the time you met the qualification training requirements of this section. Secure .gov websites use HTTPS However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information. Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. (b) As a collector, you must do the following before each collection to deter tampering with specimens: (1) Secure any water sources or otherwise make them unavailable to employees (e.g., turn off water inlet, tape handles to prevent opening faucets); (2) Ensure that the water in the toilet is blue; (3) Ensure that no soap, disinfectants, cleaning agents, or other possible adulterants are present; (4) Inspect the site to ensure that no foreign or unauthorized substances are present; (5) Tape or otherwise secure shut any movable toilet tank top, or put bluing in the tank; (6) Ensure that undetected access (e.g., through a door not in your view) is not possible; (7) Secure areas and items (e.g., ledges, trash receptacles, paper towel holders, under-sink areas) that appear suitable for concealing contaminants; and. Where is other information on SAP functions and the return-to-duty process found in this regulation? (e) You must establish adequate confidentiality and security measures to ensure that confidential employee records are not available to unauthorized persons. Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing. (c) As a SAP, you must make available to an employee, on request, a copy of all SAP reports (see 40.311). (2) Urge the employee to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier. ( e) No one is permitted to change or disregard the results of DOT tests based on the results of non-DOT . (d) As an exception to the reporting requirements of paragraph (b) and (c) of this section, the MRO may report negative results using an electronic data file. (e) You must not stand employees down in the absence of a waiver, or inconsistent with the terms of your waiver. 40.175 What steps does the first laboratory take with a split specimen? However, the designation of your staff to perform MRO functions under MRO supervision must be limited and not used as a subterfuge to circumvent confidentiality and other requirements of this part and DOT agency regulations. Quality Assurance Plan: The certification agency must ensure that a means exists to determine that applicant records are verified as being true by the certification staff. (b) You must transmit to the DER on the same day the MRO verifies the result or the next business day all verified positive test results, results requiring an immediate collection under direct observation, adulterated or substituted specimen results, and other refusals to test. (2) In order to avoid sending data from which it is likely that information about an employee's test result can be readily inferred, you must not send a summary if the employer has fewer than five aggregate tests results. 40.101 - Relationship with laboratories; avoidance of conflicts of interest. 40.1 - 40.7. Sixth Annual Meeting of the Internet Governance Forum27 -30 September 2011United Nations Office in Nairobi, Nairobi, Kenya September 27, 2011 - 11:00am *** The following is the output of the real-time captioning taken during the Sixth Meeting of the IGF, in Nairobi, Kenya. However, there are some situations in which an exception to this normal practice would be reasonable. Office of Drug and Alcohol Policy & Compliance, Breath Alcohol & Screening Test Technicians, 49 CFR Part 40 (Drug and Alcohol Regulations), DOT Agency / USCG Information & Regulations, DOT COVID-19 Drug and Alcohol Statement of Enforcement Discretion, DOT COVID-19 Drug and Alcohol Testing Guidance, Part 40 Federal Register Notices, Court Decisions, Legislation, Approved Evidential Alcohol Testing Devices, https://www.transportation.gov/odapc/get-odapc-email-updates, Office of the Assistant Secretary for Research and Technology. (c) Except during the period provided in paragraph (b) of this section, you must not, as an employer, use the services of a service agent that are covered by a PIE that the Director has issued under this subpart. The new cargo securement rules apply to the same types of vehicles and cargo as the old rules, covering all cargo-carrying commercial motor vehicles (as defined in 49 CFR 390.5) operated in interstate commerce. Without interviewing the employee, under what circumstances may the MRO verify a test result as positive, or as a refusal to test because of adulteration or substitution, or as a cancelled because the test was invalid? Males can use a plastic, portable (easy-to-carry) urinal or the large urine storage container. You must not provide any further details about the test result (e.g., the name of the drug involved). You must not unwrap or break the seal on any specimen bottle at this time. An official website of the United States government Here's how you know. 40.235 (c) and (d) - responsibility to follow instructions for ASDs. For example, you must not wait because the employee says he or she is not ready or because an authorized employer or employee representative is delayed in arriving. (i) If you elect to provide the laboratory results report, you must include the following elements, as a minimum, in the report format: (B) Employer's name (you may include I.D. There is no split specimen testing for an invalid result. 40.225 What form is used for an alcohol test? 1. (b) When the Director issues a PIE, he or she adds to the List the name and address of the service agent, and any other persons or organizations, to whom the PIE applies and information about the scope and duration of the PIE. 40.155 What does the MRO do when a negative or positive test result is also dilute? (3) Send a legible copy of Copy 2 of the CCF (or a signed and dated letter, see 40.163) to the employer and keep a copy for your records. 40.205 How are drug test problems corrected? (3) However, as an employer, you must not direct a recollection for an employee because a test has been cancelled, except in the situations cited in paragraph (a)(2) of this section or other provisions of this part that require another test to be conducted (e.g., 40.159(a)(5) and 40.187(b)(2), (c)(1), and (e). For example, in personal injury litigation following a truck or bus collision, the court could determine that a post-accident drug test result of an employee is relevant to determining whether the driver or the driver's employer was negligent. What documentation must the laboratory keep, and for how long? (g) The release of information under this section must be in any written form (e.g., fax, e-mail, letter) that ensures confidentiality. The Director is not required to follow formal rules of evidence or procedure in creating the record of the proceeding. What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation? What is a refusal to take a DOT drug test, and what are the consequences? What are the first steps in any alcohol screening test? If you do not receive such a request, you may discard the records at the end of the two-year period. (c) A decision not to initiate a PIE proceeding does not necessarily mean that the Department regards a service agent as being in compliance or that the Department may not use other applicable remedies in a situation of noncompliance. (a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee. (a) As an employee, when the MRO has notified you that you have a verified positive drug test and/or refusal to test because of adulteration or substitution, you have 72 hours from the time of notification to request a test of the split specimen. 40.267 - Cancellation of alcohol tests. (E) If the test of the primary specimen fails to reconfirm the adulteration and/or substitution finding of the split specimen, as the MRO you must cancel the test, following procedures in paragraph (b) of this section. (h) Other persons who may serve as BATs or STTs. The test is a Follow-Up test or a Return-to-Duty test. You must also discard any specimen the employee previously provided to include any specimen that is out of temperature range or shows signs of tampering. (2) To the greatest extent you can, keep an employee's collection container within view of both you and the employee between the time the employee has urinated and the specimen is sealed. 1. (2) You may verify a test result as a positive or refusal to test, as applicable, if the DER has successfully made and documented a contact with the employee and instructed the employee to contact you and more than 72 hours have passed since the time the DER contacted the employee. (1) If you determine that the employee's explanation does not present a reasonable basis for concluding that there may be a legitimate medical explanation, you must report the test to the DER as a verified refusal to test because of adulteration or substitution, as applicable. 1200 New Jersey Avenue, SE During each five-year period from the date on which you satisfactorily completed the examination under paragraph (c)(2) of this section, you must complete requalification training. (c) A cancelled DOT test does not provide a valid basis for an employer to conduct a non-DOT test (i.e., a test under company authority). (g) Except as provided in paragraph (h) of this section, you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. (g) You must protect the confidentiality of the drug testing information. 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