49-U.S.C.-353
§353 – toxicological Testing of officers and Employees
Pathway
Title 49 > Subtitle I > Chapter 3 > Subchapter III > Section 353
Details
- Reference: Section 353
- Legend: §353 – toxicological Testing of officers and Employees
- USCode Year: 2013
Provision Content
(a) Collecting Specimens.—When the Secretary of Transportation or the head of a component of the Department of Transportation conducts post-accident or post-incident toxicological testing of an officer or employee of the Department, the Secretary or head shall collect the specimen from the officer or employee as soon as practicable after the accident or incident. The Secretary or head shall try to collect the specimen not later than 4 hours after the accident or incident.
(b) Reports.—The head of each component shall submit a report to the Secretary on the circumstances about the amount of time required to collect the specimen for a toxicological test conducted on an officer or employee who is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the National Transportation Safety Board.
(c) Noncompliance Not a Defense.—An officer or employee required to submit to toxicological testing may not assert failure to comply with this section as a claim, cause of action, or defense in an administrative or judicial proceeding.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 353 | 49 App.:1657–1. | Nov. 28, 1990, Pub. L. 101–641, §5, 104 Stat. 4656. |
In this section, the words officer or employee are substituted for employee for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words Secretary of Transportation or the head of a component of the Department of Transportation are substituted for Department of Transportation, including any of its agencies for consistency in the revised title and with other titles of the Code.
In subsection (b), the word Secretary is substituted for Office of the Secretary of Transportation for consistency in the revised title and with other titles of the Code. The words within that agency are omitted as unnecessary.
In subsection (c), the words An officer or employee required to submit to toxicological testing may not assert are substituted for may not be asserted for clarity.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-327 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-327, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-334, in the Legal Encyclopedia: Department of Transportation
In this entry about 49-U.S.C.-334,, find legal reference material, bibliographies and premiere content related to department of transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States department of transportation-specific issues, written by authorities in the field.
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