§ 40.103 Refusals to test and uncompleted tests.
Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.
(a) Refusal by an employee to complete and sign the alcohol testing form required by § 40.99 (Step 2), to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise to cooperate in a way that prevents the completion of the testing process, shall be noted by the STT in the remarks section of the form. This constitutes a refusal to test. The testing process shall be terminated and the STT shall immediately notify the employer.
(b) If the screening test cannot be completed, for reasons other than a refusal by the employee, or if an event occurs that would invalidate the test, the STT shall, if practicable, immediately begin a new screening test, using a new testing form and, in the case of a test using a saliva screening device, a new device.
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.