[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.23]

[Page 590-591]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS--Table of Contents
 
                  Subpart B--Employer Responsibilities
 
Sec. 40.23  What actions do employers take after receiving verified test results?

    (a) As an employer who receives a verified positive drug test 
result, you must immediately remove the employee involved from 
performing safety-sensitive functions. You must take this action upon 
receiving the initial report of the verified positive test result. Do 
not wait to receive the written report or the result of a split specimen 
test.
    (b) As an employer who receives a verified adulterated or 
substituted drug test result, you must consider this a refusal to test 
and immediately remove the employee involved from performing safety-
sensitive functions. You must take this action on receiving the initial 
report of the verified adulterated or substituted test result. Do not 
wait to receive the written report or the result of a split specimen 
test.
    (c) As an employer who receives an alcohol test result of 0.04 or 
higher, you must immediately remove the employee involved from 
performing safety-sensitive functions. If you receive an alcohol test 
result of 0.02--0.39, you must temporarily remove the employee involved 
from performing safety-sensitive functions, as provided in applicable 
DOT agency regulations. Do not wait to receive the written report of the 
result of the test.
    (d) As an employer, when an employee has a verified positive, 
adulterated, or substituted test result, or has otherwise violated a DOT 
agency drug and alcohol regulation, you must not return the employee to 
the performance of safety-sensitive functions until or unless the 
employee successfully completes the return-to-duty process of Subpart O 
of this part.

[[Page 591]]

    (e) As an employer who receives a drug test result indicating that 
the employee's specimen was dilute, take action as provided in 
Sec. 40.197.
    (f) As an employer who receives a drug test result indicating that 
the employee's specimen was invalid and that a second collection must 
take place under direct observation--
    (1) You must immediately direct the employee to provide a new 
specimen under direct observation.
    (2) You must not attach consequences to the finding that the test 
was invalid other than collecting a new specimen under direct 
observation.
    (3) You must not give any advance notice of this test requirement to 
the employee.
    (4) You must instruct the collector to note on the CCF the same 
reason (e.g. random test, post-accident test) as for the original 
collection.
    (g) As an employer who receives a cancelled test result when a 
negative result is required (e.g., pre-employment, return-to-duty, or 
follow-up test), you must direct the employee to provide another 
specimen immediately.
    (h) As an employer, you may also be required to take additional 
actions required by DOT agency regulations (e.g., FAA rules require some 
positive drug tests to be reported to the Federal Air Surgeon).
    (i) As an employer, you must not alter a drug or alcohol test result 
transmitted to you by an MRO, BAT, or C/TPA.