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56 <br />performance of a safety-sensitive function. <br /> <br />Important points: <br />* The supervisor who makes the observation and determines that reasonable suspicion testing <br />should be done, may not conduct the alcohol test on the driver. <br />* Alcohol testing for reasonable suspicion must be done within two hours of the observation. <br />Tests that cannot be done within eight hours of the observation shall not be done. <br />* You cannot report for duty or stay on the job while under the influence of alcohol or while <br />impaired by alcohol as shown by behavior, speech, or performance that indicates alcohol <br />misuse. You will not be allowed to continue to perform safety-sensitive duties until: <br /> <br />Your alcohol concentration is less than 0.02. <br /> <br /> -or- <br /> <br /> 24 hours have passed from the time of initial observation. <br /> <br />* Action regarding alcohol misuse cannot be taken against a driver unless an alcohol test was <br />administered or was refused by the driver. <br /> <br />5. Return to duty and follow-up <br />When: <br />* Return to duty testing is required for drivers who violate prohibitions and are returning <br />to work. In order to return to work, an alcohol concentration of less than 0.02 or a <br />negative drug test is required. <br />* Follow-up testing is required when a driver returns to a safety-sensitive function. A <br />minimum of six tests shall be performed during the first year back in a safety-sensitive <br />position. However, follow-up testing may continue for up to five years. <br /> <br />What Happens if I Refuse to be Tested? <br />As part of the alcohol and drug rule, you must submit to alcohol and drug testing. If you refuse to be <br />tested, you cannot continue on the job. Refusal to test is considered to be any time you either fail to <br />provide enough breath for alcohol testing or enough urine for controlled substances testing without a <br />valid medical reason after being notified of the testing requirements, or if you clearly obstruct the <br />testing process. <br /> <br />How is Alcohol Testing Done? <br /> <br />1. Alcohol testing is done by a certified Breath Alcohol Technician, or BAT, in a private setting <br />where no one but you and the BAT can see or hear the test results. An evidential breath testing <br />device (EBT) approved by the National Highway Safety Administration must be used. <br />2. The BAT will ask you for identification. You may ask for the BAT's identification as well. <br />3. To complete the test, you must blow forcefully into the mouthpiece of the testing device. The <br />BAT must show you the test result on the testing device. <br />4. A screening test is done first. If the reading is less than 0.02, you will sign the certification and <br />fill in the date on the form. The test will be reported as negative to the employer. <br />5. If the reading is 0.02 or greater, a confirmation test must be done (after 15 minutes, but within