Regulatory Guidelines Flashcards

Under 49 CFR Part 40, which agency sets the procedures for DOT drug and alcohol testing?

Answer: DOT Office of Drug and Alcohol Policy and Compliance (ODAPC)

ODAPC issues 49 CFR Part 40, which establishes procedures all DOT agencies must follow for workplace drug and alcohol testing.

A SAP's written report to the employer after completing the face-to-face evaluation must be provided within how many business days?

Answer: 5 business days

The SAP must provide the written report to the employer within 5 business days of the evaluation per 49 CFR Part 40.

Which of the following is NOT a DOT modal agency that enforces drug and alcohol testing regulations?

Answer: Occupational Safety and Health Administration (OSHA)

OSHA is not a DOT modal agency and does not enforce 49 CFR Part 40 drug and alcohol testing requirements.

When must a return-to-duty drug test be conducted after a SAP recommends an employee's return?

Answer: Before the employee resumes safety-sensitive functions

A return-to-duty test must be conducted and result in a negative result before the employee performs any safety-sensitive function.

Under DOT regulations, an employee who refuses to submit to a required drug or alcohol test is treated as having:

Answer: A verified positive test result

A refusal to test is treated the same as a verified positive test result under 49 CFR Part 40.191.

How many follow-up tests are minimally required after an employee returns to safety-sensitive duty following a SAP evaluation?

Answer: At least 6 tests in the first 12 months

DOT regulations require a minimum of 6 unannounced follow-up tests in the first 12 months after return to duty.

Which part of the Code of Federal Regulations specifically governs SAP qualifications and the return-to-duty process?

Answer: 49 CFR Part 40

49 CFR Part 40 is the DOT-wide regulation that establishes SAP qualifications, evaluation requirements, and return-to-duty procedures.