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C.F.R - Table of Contents

  • Title 1 - General Provisions
  • Title 2 - Grants and Agreements
  • Title 3 - The President
  • Title 4 - Accounts
  • Title 5 - Administrative Personnel
  • Title 6 - Domestic Security
  • Title 7 - Agriculture
  • Title 8 - Aliens and Nationality
  • Title 9 - Animals and Animal Products
  • Title 10 - Energy
  • Title 11 - Federal Elections
  • Title 12 - Banks and Banking
  • Title 13 - Business Credit and Assistance
  • Title 14 - Aeronautics and Space
  • Title 15 - Commerce and Foreign Trade
  • Title 16 - Commercial Practices
  • Title 17 - Commodity and Securities Exchanges
  • Title 18 - Conservation of Power and Water Resources
  • Title 19 - Customs Duties
  • Title 20 - Employees' Benefits
  • Title 21 - Food and Drugs
  • Title 22 - Foreign Relations
  • Title 23 - Highways
  • Title 24 - Housing and Urban Development
  • Title 25 - Indians
  • Title 26 - Internal Revenue
  • Title 27 - Alcohol, Tobacco Products and Firearms
  • Title 28 - Judicial Administration
  • Title 29 - Labor
  • Title 30 - Mineral Resources
  • Title 31 - Money and Finance: Treasury
  • Title 32 - National Defense
  • Title 33 - Navigation and Navigable Waters
  • Title 34 - Education
  • Title 35 - Panama Canal
  • Title 36 - Parks, Forests, and Public Property
  • Title 37 - Patents, Trademarks, and Copyrights
  • Title 38 - Pensions, Bonuses, and Veterans' Relief
  • Title 39 - Postal Service
  • Title 40 - Protection of Environment
  • Title 41 - Public Contracts and Property Management
  • Title 42 - Public Health
  • Title 43 - Public Lands: Interior
  • Title 44 - Emergency Management and Assistance
  • Title 45 - Public Welfare
  • Title 46 - Shipping
  • Title 47 - Telecommunication
  • Title 48 - Federal Acquisition Regulations System
  • Title 49 - Transportation
  • Title 50 - Wildlife and Fisheries

CFR > Title 49 - Transportation > SUBTITLE A—Office of the Secretary of Transportation > PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS > SUBPART O—Substance Abuse Professionals and the Return-to-Duty Process (§40.281 to §40.313) > 40.309—What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?

40.309—What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?

(a) As the employer, you must carry out the SAP's follow-up testing requirements. You may not allow the employee to continue to perform safety-sensitive functions unless follow-up testing is conducted as directed by the SAP.
(b) You should schedule follow-up tests on dates of your own choosing, but you must ensure that the tests are unannounced with no discernable pattern as to their timing, and that the employee is given no advance notice.
(c) You cannot substitute any other tests (e.g., those carried out under the random testing program) conducted on the employee for this follow-up testing requirement.
(d) You cannot count a follow-up test that has been cancelled as a completed test. A cancelled follow-up test must be recollected.




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