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-or- <br />24 hours have passed from the time of initial observation. <br />* Action regarding alcohol misuse cannot be taken against a <br />driver unless an alcohol test was administered or was <br />refused by the driver. <br />5. Return to duty and follow -up <br />When: <br />* Return to duty testing is required for drivers who <br />violate prohibitions and are returning to work. In <br />order to return to work, an alcohol concentration of <br />less than 0.02 or a negative drug test is required. <br />* Follow -up testing is required when a driver returns to <br />a safety- sensitive function. A minimum of six tests <br />shall be performed during the first year back in a <br />safety- sensitive position. However, follow -up testing <br />may continue for up to five years. <br />What Happens if I Refuse to be Tested? <br />As part of the alcohol and drug rule, you must submit to alcohol <br />and drug testing. If you refuse to be tested, you cannot <br />continue on the lob. Refusal to test is considered to be any <br />time you either fail to provide enough breath for alcohol testing <br />or enough urine for controlled substances testing without a valid <br />medical reason after being notified of the testing requirements, <br />or if you clearly obstruct the testing process. <br />How is Alcohol Testing Done? <br />1. Alcohol testing is done by a certified Breath Alcohol <br />Technician, or BAT, in a private setting where no one but <br />you and the BAT can see or hear the test results. An <br />evidential breath testing device (EDT) approved by the <br />National Highway Safety Administration must be used. <br />2. The BAT will ask you for identification. You may ask for <br />the BAT's identification as well. <br />3. To complete the test, you must blow forcefully into the <br />mouthpiece of the testing device. The BAT must show you the <br />test result on the testing device. <br />4. A screening test is done first. If the reading is less than <br />0.02, you will sign the certification and fill in the date <br />on the form. The test will be reported as negative to the <br />employer. <br />5. If the reading is 0.02 or greater, a confirmation test must <br />be done (after 15 minutes, but within 20 minutes of the <br />first test). You will be asked not to eat, drink, belch or <br />put anything in your mouth. These steps prevent the buildup <br />of mouth alcohol, which could lead to an artificially high <br />result. <br />6. If the screening and confirmation test results are not the <br />-6- <br />Page 58 <br />