§ 219.505 - Non-negative tests and refusals.

§ 219.505 Refusals.

Cross Reference

Link to an amendment published at 81 FR 37937, June 10, 2016.

Non-negative tests and refusals.

An applicant who has tested positive or refused to submit to pre-employment testing under this section may not be employed in covered service based upon the application and examination with respect to which such refusal was made. perform regulated service for any railroad until he or she has completed the Federal return-to-duty process under § 219.104(d). An applicant may also not perform DOT safety-sensitive functions for any other employer regulated by a DOT agency until he or she has completed the Federal return-to-duty process under § 219.104(d). This section does not create any right on the part of the applicant to have a subsequent application considered; nor does it restrict the discretion of the railroad to entertain a subsequent application for employment from the same person.

[81 FR 37937, June 10, 2016]