DOT Follow-Up Testing Must Be Unpredictable

Employers must conduct follow-up testing in accordance with a SAP’s prescribed plan. Such plans specify the number of tests to be conducted over a given period, but do not give instruction about the exact dates or times to conduct follow-up tests. Employers must not only follow the scope of a SAP’s follow-up testing plan, they must also schedule follow-up tests on dates of their own choosing, ensuring tests are unannounced with no discernible pattern as to their timing and with no advance notice, per section 40.309(b).

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