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Need advice! I gave 2 tests! I didn’t refuse anything. Discharged
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<blockquote data-quote="Trucker Clock" data-source="post: 5211873" data-attributes="member: 70932"><p>You're only allowed 40 oz of water. And, if you leave, it is considered a refusal to test. If you cannot give an adequate sample in the 3 hour time limit, you must see a physician to evaluate you as to why you couldn't give a sample.</p><p></p><h3>DOT Rule 49 CFR Part 40 Section 40.193</h3><h3>Subpart I—Problems in Drug Tests</h3><p></p><p><em>(2) <strong>Urge the employee to drink up to 40 ounces of fluid</strong>, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. It is not a refusal to test if the employee declines to drink. Document on the Remarks line of the CCF (Step 2), and inform the employee of, the time at which the three-hour period begins and ends.</em></p><p><em></em></p><p><em>(3) If the employee refuses to make the attempt to provide a new urine specimen <strong>or leaves the collection site before the collection process is complete, you must discontinue the collection, note the fact on the “Remarks” line of the CCF (Step 2), and immediately notify the DER. This is a refusal to test</strong>.</em></p><p><em></em></p><p><em>(c) As the DER, when the collector informs you that the employee has not provided a sufficient amount of urine (see paragraph (b)(4) of this section), you must, after consulting with the MRO, direct the employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (The MRO may perform this evaluation if the MRO has appropriate expertise.)</em></p><p><em></em></p><p><em>(2) <strong>There is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine. As the MRO, if you accept this recommendation, you must:</strong></em></p><p> </p><p><em><strong>(i) Check the “Refusal to Test” box</strong> and “Other” box in Step 6 on Copy 2 of the CCF and note the reason next to the “Other” box and on the “Remarks” lines, as needed.</em></p><p> <em></em></p><p><em>(ii) Sign and date the CCF.</em></p><p></p><p></p><p>[URL unfurl="true"]https://www.transportation.gov/odapc/part40/40-193[/URL]</p></blockquote><p></p>
[QUOTE="Trucker Clock, post: 5211873, member: 70932"] You're only allowed 40 oz of water. And, if you leave, it is considered a refusal to test. If you cannot give an adequate sample in the 3 hour time limit, you must see a physician to evaluate you as to why you couldn't give a sample. [HEADING=2]DOT Rule 49 CFR Part 40 Section 40.193[/HEADING] [HEADING=2]Subpart I—Problems in Drug Tests[/HEADING] [I](2) [B]Urge the employee to drink up to 40 ounces of fluid[/B], distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. It is not a refusal to test if the employee declines to drink. Document on the Remarks line of the CCF (Step 2), and inform the employee of, the time at which the three-hour period begins and ends. (3) If the employee refuses to make the attempt to provide a new urine specimen [B]or leaves the collection site before the collection process is complete, you must discontinue the collection, note the fact on the “Remarks” line of the CCF (Step 2), and immediately notify the DER. This is a refusal to test[/B]. (c) As the DER, when the collector informs you that the employee has not provided a sufficient amount of urine (see paragraph (b)(4) of this section), you must, after consulting with the MRO, direct the employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (The MRO may perform this evaluation if the MRO has appropriate expertise.) (2) [B]There is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine. As the MRO, if you accept this recommendation, you must:[/B][/I] [B][I] [/I][/B] [I][B](i) Check the “Refusal to Test” box[/B] and “Other” box in Step 6 on Copy 2 of the CCF and note the reason next to the “Other” box and on the “Remarks” lines, as needed. (ii) Sign and date the CCF.[/I] [URL unfurl="true"]https://www.transportation.gov/odapc/part40/40-193[/URL] [/QUOTE]
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Need advice! I gave 2 tests! I didn’t refuse anything. Discharged
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