49 C.F.R. 49 CFR--PART 40


Title 49 - Transportation


Amendment from August 23, 2006

49 CFR--PART 40
View Printed Federal Register page 71 FR 49384 in PDF format.

Amendment(s) published August 23, 2006, in 71 FR 49384


Effective Date(s): September 22, 2006

7. §40.191 is amended by revising paragraph (a)(7) to read as follows:

§ 40.191   What is a refusal to take a DOT drug test, and what are the consequences?

(a)  *  *  *

(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; or

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