Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES › Subchapter B - REGULATIONS GOVERNING TRANSPORTATION SAFETY › Section 4.21 - Report of Valid Positive Result on Alcohol and Drug Test

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer required under the federal
				  safety regulations to conduct alcohol and controlled substance testing of
				  employees shall report to the department a valid positive result on an alcohol
				  or controlled substance test performed as part of the carrier's alcohol and
				  drug testing program or consortium, as defined by Title 49, Code of Federal
				  Regulations, Part 382, on an employee of the carrier who holds a commercial
				  driver license issued under Texas Transportation Code, Chapter 522.
(1) The report must be submitted by employers
				  within 10 days of receiving notice of a valid positive result on an alcohol or
				  drug test performed.
(2) The report
				  must be submitted on a department created form available on the department's
				  website at
http://www.dps.texas.gov/internetforms/default.aspx
.
				  All information requested on the form must be completed. The completed form
				  must be mailed to MCS Section Supervisor, Motor Carrier Bureau, Texas
				  Department of Public Safety, 6200 Guadalupe, MSC# 0521, Austin, Texas
				  78752-4019, or sent by facsimile to (512) 424-5310. Unless the report is for a
				  refusal to submit a sample, employers must also attach a legible copy of either
				  the Federal Drug Testing, Custody and Control Form (with at least steps one
				  through six completed), the U.S. Department of Transportation (DOT) Alcohol
				  Testing Form (with at least steps one through three completed), or the medical
				  review officer's or breath alcohol technician's signed report of a positive,
				  diluted, adulterated, or substituted alcohol or drug test.
(3) Any requestor who has obtained permission
				  to request and receive release of information via electronic mail under
				  subsection (b)(2) of this section may also submit a report via electronic mail.
				  The complete report must be filled out in its entirety, and must be clearly
				  scanned with attachments as described in paragraph (2) of this
				  subsection.
(4) When a valid
				  positive result is obtained on an owner-operator, that owner-operator is
				  responsible for submission of the Report of Valid Positive Drug or Alcohol Test
				  to the department.
(5) A medical
				  review officer, breath alcohol technician , laboratory, consortium, or other
				  individual may submit a Report of Valid Positive Drug or Alcohol Test to the
				  department. A report by a laboratory or other individual will only be entered
				  into the department's database when the report has been verified by the medical
				  review officer or breath alcohol technician .
(6) A dilute positive drug test under Title
				  49, Code of Federal Regulations, §40.197(a) is a valid positive result. A
				  dilute negative drug test is not a valid positive test. A positive drug test
				  from a recollection under Title 49, Code of Federal Regulations,
				  §40.197(b) is a valid positive test.