40ZBWhat happens if worker refuses consent or test result is not negative

1. A safety-sensitive worker who has been selected for Director testing may refuse to consent to the testing.

2. If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the operator for whom the worker carries out work of that fact as soon as practicable.

3. If the Director notifies the operator under subsection (2), the operator must prohibit the worker from performing safety-sensitive activities until the operator reasonably believes that the worker is able to safely perform those activities.

4. Subsection (3)—

5. applies regardless of any scheme for carrying out drug and alcohol testing of safety-sensitive workers in the operator’s safety system; but
6. does not in any other way limit the operation of that scheme.