top of page
Overturning the Result of a DOT Test on Grounds Contrary To DOT Regulations
September 1, 2001
DER/Employer, Medical Review Officer
General Requirements, Verification Process
What is an employer to do if an arbitrator’s decision claims to overturn the result of a DOT drug or alcohol test on grounds contrary to DOT regulations?
Answer
- There could be instances in which an arbitrator makes a decision that purports to cancel a DOT test for reasons that the DOT regulation does not recognize as valid.
- For example, the arbitrator might make a decision based on disagreement with an MRO’s judgment about a legitimate medical explanation (see §40.149) or on the basis of a procedural error that is not sufficient to cancel a test (see §40.209).
- Such a test result remains valid under DOT regulations, notwithstanding the arbitrator’s decision. Consequently, as a matter of Federal safety regulation, the employer must not return the employee to the performance of safety-sensitive functions until the employee has completed the return to duty process.
- The employer may still be bound to implement the personnel policy outcome of the arbitrator’s decision in such a case. This can result in hardship for the employer (e.g., being required to pay an individual at the same time as the Department’s rules prevent the individual from performing the duties of his job).
Question
bottom of page