The 2023 Florida Statutes (including Special Session C)
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. . . Finally, §§ 40.27 and 40.355 prohibit employers and testing facilities from requiring an employee to . . .
. . . Finally, §§ 40.27 and 40.355 prohibit employers and testing facilities from requiring an employee to . . .
. . . Of particular relevance is § 40.355, which provides that an MRO “must not make a determination that an . . . This is a non-delegable duty of the actual employer.” 49 C.F.R. § 40.355®. . . . Second, Pasternack points to 49 C.F.R. § 40.355(i), which provides that the MRO “must not make a determination . . . First, the district court held that if ChoicePoint’s violation of § 40.355(f) were sufficient to establish . . . identify a state law negligence claim to proceed, and “no case suggests] that a violation of 49 C.F.R. § 40.355 . . .
. . . . § 40.355(l)(b); Pa. R. Evid. 609(a); S.C. R. Evid. 609(a)(2); Utah R. Evid. 609(a)(2); Wash. R. . . .
. . . . § 40.355®. . . . The second regulation cited by Pasternack — 49 C.F.R. § 40.355(i) — states that, except as provided in . . . § 40.355®, an MRO “must not make a determination that an employee has refused a drug or alcohol test . . . (i) (emphasis added). § 40.355® states: As an exception to paragraph (i) of this section, you may make . . . Pasternack has cited no case suggesting that a violation of 49 C.F.R. § 40.355® provides a basis for . . .
. . . . §§ 40.27, 40.355(a) (2003). . . .
. . . . §§ 40.27, 40.355(a) (2003). . . . See 49 C.F.R. §§ 40.27, 40.355(a) (2003); 49 C.F.R. § 219.701(a) (FRA regulation incorporating part 40 . . .