- The Department’s rules do not require an employer to hire
anyone. That decision is an employer’s.
- While §40.197(b) authorizes an employer to obtain one
additional test following a negative dilute result (in pre-employment or other
testing situations), a negative dilute test result is a valid negative test for
DOT’s purposes.
- Because a negative dilute test result is a negative test for
DOT program purposes, the employer is authorized to have the applicant begin
performing safety-sensitive functions.
- If the employer declines to hire the applicant in this
situation, the employer’s decision is based solely on its own policy. The
employer cannot claim that its action is required or authorized by DOT
rules.
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