Management evaluation.

CFR · 2024-01-01 · US · Title 10

(a) (b) (c) (1) Breath alcohol testing must be conducted by a certified breath alcohol technician and conform to the DOT procedures (49 CFR part 40, Procedures for Transportation Workplace Drug (2) An individual required to undergo DOT alcohol testing is subject to the regulations of the DOT. If such an individual's blood alcohol level exceeds DOT standards, the individual's employer may take appropriate disciplinary action. (3) The following constitutes a refusal to submit to a test and shall be considered as a positive alcohol concentration test of 0.02 percent, which requires the individual be sent home and not allowed to perform HRP duties for 24 hours: (i) Failure to appear for unannounced testing within 2 hours of notification (or established shorter time for the specific site); (ii) Failure to provide an adequate volume of breath in 2 attempts without a valid medical excuse; and (iii) Engaging in conduct that clearly obstructs the testing process, including failure to cooperate with reasonable instructions provided by the testing technician. (d) (i) Testing for the use of illegal drugs in accordance with the provisions of the DOE policies implementing Executive Order 12564, and 10 CFR part 707 or DOE Order 3792.3, which establish workplace substance abuse programs for contractor and DOE employees, respectively. (ii) Testing for use of alcohol in accordance with this section. (2) Testing must be performed as soon as possible after an occurrence that requires immediate n

official document · source cfr-2024 · id 10:§ 712.15