Ask X3What does 49 CFR 40.273 (What is the effect of a cancelled alcohol test?) require?
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Based on 49 CFR 40.273, the requirements and effects of a cancelled alcohol test are as follows:
* No Positive or Negative Status: A cancelled test is neither positive nor negative.
* No Penalties: As an employer, you must not attach the consequences of a test result of 0.02 or greater (such as removing an employee from a safety-sensitive position) to a cancelled test.
* Cannot Satisfy Return-to-Duty/Follow-Up Needs: You must not use a cancelled test when an employee needs a verified test result below 0.02 to be authorized to perform safety-sensitive functions (such as for return-to-duty or follow-up tests).
* Restrictions on Recollections: You cannot direct a recollection simply because a test was cancelled, unless it falls under the specific situations mentioned for return-to-duty/follow-up tests or other provisions of the part.
* No Compliance Credit: A cancelled test does not count toward meeting Department of Transportation (DOT) testing requirements, such as minimum random testing rates.
* Notification Requirement: If you are the Breath Alcohol Technician (BAT), Screening Test Technician (STT), or the person who determines a cancellation is necessary, you must inform the affected Designated Employer Representative (DER) within 48 hours of the cancellation.
* No Basis for Non-DOT Testing: A cancelled DOT test does not provide a valid basis for you to conduct a non-DOT test (a test under company authority alone).