49 C.F.R. §40.191 - What is a refusal to take a DOT drug test, and what are the consequences?

Cite as49 C.F.R. §40.191
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48 cases
  • Pasternack v. Lab. Corp. of Am., 10 Civ. 4426(PGG).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 6, 2012
    ...you have refused to take a drug test if you: ... (2) Fail to remain at the testing site until the testing process is complete....49 C.F.R. § 40.191(a)(2).II. PASTERNACK'S DRUG TEST Pasternack is a physician and part-time pilot. (SAC ¶¶ 1, 3) From 1978 until February 2008, Pasternack was a S......
  • Ziemkiewicz v. R+L Carriers, Inc., Civil Action No. RDB–13–0438.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • February 6, 2014
    ...40 et seq. (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”). A refusal is equivalent to a positive test. 49 C.F.R. §§ 40.191, 383.51. On the other hand, a refusal to take a drug test other than one mandated by the DOT, for example an employer's internal test, ca......
  • Pasternack v. Lab. Corp. of America, 10 Civ. 4426 (PGG)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 6, 2012
    ...you have refused to take a drug test if you:...(2) Fail to remain at the testing site until the testing process is complete. . . .49 C.F.R. §40.191(a)(2).II. PASTERNACK'S DRUG TEST Pasternack is a physician and part-time pilot. (SAC ¶¶ 1, 3) From 1978 until February 2008, Pasternack was a S......
  • Nolen v. Pham, NTSB Order EA-5936
    • United States
    • Court of National Transportation Safety Board
    • August 26, 2022
    ...R. Mullins, issued November 24, 2020.[2] By that decision, the law judge determined the 1 Administrator proved respondent violated 49 C.F.R. § 40.191(a)(2) and 14 C.F.R. § 120.7(o) by refusing to submit to a required drug test, and therefore, affirmed the Administrator's revocation of respo......
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1 firm's commentaries
  • Drug And Alcohol Clearinghouse Open For Registration
    • United States
    • Mondaq United States
    • February 4, 2020
    ...Refusal to test (alcohol) as specified in 49 CFR 40.261. Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191. Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, u......

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