Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation |
SubChapter D - Pipeline Safety |
Part 199 - Drug and Alcohol Testing |
Subpart B - Drug Testing |
§ 199.103 - Use of persons who fail or refuse a drug test.
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§ 199.103 Use of persons who fail or refuse a drug test.
(a) An operator may not knowingly use as an employee any person who -
(1) Fails a drug test required by this part and the medical review officer makes a determination under DOT Procedures; or
(2) Refuses to take a drug test required by this part.
(b) Paragraph (a)(1) of this section does not apply to a person who has -
(1) Passed a drug test under DOT Procedures;
(2) Been considered by the medical review officer in accordance with DOT Procedures and been determined by a substance abuse professional to have successfully completed required education or treatment; and
(3) Not failed a drug test required by this part after returning to duty.
[53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, Dec. 18, 1989. Redesignated and amended by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001]