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Implementation Guidelines - Federal Transit Administration - U.S. ...

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clearly obstructs the testing process.<br />

An employee is considered to have refused to test if<br />

he/she fails to do the following:<br />

Appear for any test within a reasonable time, as<br />

determined by the employer, after being directed to<br />

do so by the employer;<br />

Remain at the testing site until the testing process is<br />

complete;<br />

Provide a urine or breath specimen for any drug test<br />

required by this part or DOT agency regulations;<br />

In the case of a directly observed or monitored<br />

collection in a drug test, fails to permit the<br />

observation or monitoring of your provision of a<br />

specimen;<br />

Provide a sufficient amount of urine or breath when<br />

directed, and it has been determined, through a<br />

required medical evaluation, that there was no<br />

adequate medical explanation for the failure;<br />

Declines to take a second test the employer or<br />

collector has directed him/her to take;<br />

Undergo a medical examination or evaluation, as<br />

directed by the MRO as part of the verification<br />

process, or as directed by the DER as part of the<br />

“shy bladder” or “shy lung” procedures;<br />

Cooperate with any part of the testing process (e.g.,<br />

refuse to empty pockets when so directed by the<br />

collector, behave in a confrontational way that<br />

disrupts the collection process), if the MRO reports<br />

that there is verified adulterated, or substituted test<br />

result; or<br />

Sign “Step 2” of the alcohol testing form.<br />

Return-to-duty test An initial drug test prior to return to duty given to<br />

employees performing in safety-sensitive functions who<br />

previously tested positive to a drug test and are returning<br />

to safety-sensitive positions. A return-to-duty test is<br />

also required of an individual who has refused another<br />

type of test required by the FTA rule. As of August<br />

31, 2009, USDOT requires mandatory direct observation<br />

for all return-to-duty tests.<br />

Revenue service vehicle A vehicle used to transport passengers, including a bus,<br />

van, car, railcar, locomotive, trolley car, trolley bus,<br />

ferry boat, or a vehicle used on a fixed guideway or<br />

inclined plane.<br />

Appendix H. Terms and Definitions H-11 August 2002

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