Subpart B - W1 Employer Responsibilities

Target Language or Knowledge:

You must always use the CCF and ATF for all your DOT-mandated drug and alcohol tests.
True
C/TPA name, address, phone, and fax number (can be pre-printed on the CCF) are optional information to provide by the employer to collectors.
True
As an employer, can you use a service agent to perform the tasks needed to comply with DOT agency drug and alcohol testing regulations regardless of the requirements of Subpart Q and other applicable provisions? If your answer is False, why?
False - because you can use a service agent, consistent with the requirements of Subpart Q and other applicable provisions.
If you violate the DOT drug and alcohol testing regulations because a service agent has not provided services as the rules require, a DOT agency cannot subject you to sanctions. Is this true? If not, what makes the statement incorrect?
False - because a DOT agency can subject you to sanctions
As an employer, can you permit a service agent to act as your DER to meet DOT drug and alcohol testing requirements?
No
Suppose an applicant for a safety-sensitive job takes a pre-employment drug test, but there is a significant delay in your receipt of the test result from an MRO or C/TPA. You must not assume that “no news is good news” and permit the applicant to perform safety-sensitive duties before receiving the result. Is this a violation of the Department's regulations?
Yes
Before the MRO has completed the verification process, as an employer, you are prohibited from standing employees down, except consistent with a waiver a DOT agency grants? Is this true or false?
True
An employer may make a request to the concerned DOT agency for a waiver from the prohibition from standing the employees down. If granted, it permits the employer to stand an employee down following the MRO's receipt of a laboratory report of a confirmed ________ test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the employee.
positive
Your proposed written company policy concerning stand-down must include the following elements except:
Your means of ensuring that, in the event that the MRO verifies the test negative or cancels it, you return the employee immediately to the performance of safety-sensitive duties and the employee suffers adverse personnel or financial consequences as a result.
The Administrator may immediately suspend or revoke the waiver if he or she determines that you have failed to protect effectively the interests of employees in fairness and confidentiality.
True
As an employer who receives a verified positive drug test result, must you immediately remove the employee involved from performing safety-sensitive functions? Do you need not wait for the written report or the result of a split specimen test?
Yes
As an employer who receives a verified adulterated or substituted drug test result, you must consider this a refusal to test and immediately remove the employee involved from performing safety-sensitive functions. You must take this action on receiving the initial report of the verified adulterated or substituted test result. Do not wait to receive the written report or the result of a split specimen test.
True
If you receive an alcohol test result of 0.02-0.039, you must temporarily remove the employee involved from performing safety-sensitive functions, as provided in applicable DOT agency regulations.
True
As an employer, when an employee has a verified positive, adulterated, or substituted test result, or has otherwise violated a DOT agency drug and alcohol regulation, you may return the employee to the performance of safety-sensitive functions. What makes the statement incorrect?
may return
As an employer who receives a drug test result indicating that the employee's urine specimen test was cancelled because it was invalid and that a second collection must take place under direct observation, you must not give any advance notice of this test requirement to the employee.
True
Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
Yes, after obtaining an employee's written consent.
If a new hire employee transfers into a safety-sensitive position and the employee refuses to provide written consent, must you permit the employee to perform safety-sensitive functions?
No
As an employer, you must request the following information from DOT-regulated employers who have employed the employee during the two years before the date of the employee's application or transfer: Alcohol tests with a result of 0.04 or higher alcohol concentration.
True
You must not permit the employee to perform safety-sensitive functions after 3 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information.
False
As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past _________ years.
2