§ 20-37.19. Employer responsibilities. - North Carolina Statutes

§ 20‑37.19.  Employerresponsibilities.

(a)        Each employer shallrequire the applicant to provide the information specified in G.S. 20‑37.18(c).

(b)        No employer shallknowingly allow, permit, or authorize a driver to drive a commercial motorvehicle during any period:

(1)        In which the driverhas had his commercial driver license suspended, revoked, or cancelled by anystate, is currently disqualified from driving a commercial vehicle, or issubject to an out‑of‑service order in any state; or

(2)        In which the driverhas more than one driver license; [or]

(3)        (Effective March31, 2010) In which the driver, the commercial motor vehicle being operated,or the motor carrier operation, is subject to an out‑of‑serviceorder.

(c)        The employer of anyemployee or applicant who tests positive or of any employee who refuses toparticipate in a drug or alcohol test required under 49 C.F.R. Part 382 and 49C.F.R. Part 655 must notify the Division in writing within five business daysfollowing the employer's receipt of confirmation of a positive drug or alcoholtest or of the employee's refusal to participate in the test. The notificationmust include the driver's name, address, drivers license number, socialsecurity number, and results of the drug or alcohol test or documentation fromthe employer of the refusal by the employee to take the test.  (1989, c. 771, s. 2; 2005‑156,s. 1; 2007‑492, s. 2; 2009‑416, s. 6.)