§40.197
• 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.