cfr_sections: 49:49:1.0.1.1.30.18.43.15
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
| section_id | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:1.0.1.1.30.18.43.15 | 49 | Transportation | A | 40 | PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS | R | Subpart R—Public Interest Exclusions | 40.389 | § 40.389 What factors may the Director consider? | DOT | 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq. | 65 FR 79526, Dec. 19, 2000, unless otherwise noted. | This section lists examples of the kind of mitigating and aggravating factors that the Director may consider in determining whether to issue a PIE concerning you, as well as the scope and duration of a PIE. This list is not exhaustive or exclusive. The Director may consider other factors if appropriate in the circumstances of a particular case. The list of examples follows: (a) The actual or potential harm that results or may result from your noncompliance; (b) The frequency of incidents and/or duration of the noncompliance; (c) Whether there is a pattern or prior history of noncompliance; (d) Whether the noncompliance was pervasive within your organization, including such factors as the following: (1) Whether and to what extent your organization planned, initiated, or carried out the noncompliance; (2) The positions held by individuals involved in the noncompliance, and whether your principals tolerated their noncompliance; and (3) Whether you had effective standards of conduct and control systems (both with respect to your own organization and any contractors or affiliates) at the time the noncompliance occurred; (e) Whether you have demonstrated an appropriate compliance disposition, including such factors as the following: (1) Whether you have accepted responsibility for the noncompliance and recognize the seriousness of the conduct that led to the cause for issuance of the PIE; (2) Whether you have cooperated fully with the Department during the investigation. The Director may consider when the cooperation began and whether you disclosed all pertinent information known to you; (3) Whether you have fully investigated the circumstances of the noncompliance forming the basis for the PIE and, if so, have made the result of the investigation available to the Director; (4) Whether you have taken appropriate disciplinary action against the individuals responsible for the activity that constitutes the grounds for issuance of the PIE; and (5) Whether your organization has taken appropriate corrective actions or remedial measures, including implementing actions to prevent recurrence; (f) With respect to noncompliance with a DOT agency regulation, the degree to which the noncompliance affects matters common to the DOT drug and alcohol testing program; (g) Other factors appropriate to the circumstances of the case. |