§199.103. Use of persons who fail or refuse a drug test.
49 C.F.R. § 199.103
An operator may not knowingly use as an employee any person who—
Fails a drug test required by this part and the medical review officer makes a determination under DOT Procedures; or
Refuses to take a drug test required by this part.
Paragraph (a)(1) of this section does not apply to a person who has—
Passed a drug test under DOT Procedures;
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
Not failed a drug test required by this part after returning to duty.
Notes, amendments, and revision history
Amendments
[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]
Authority
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53.
Source
Source: 53 FR 47096, Nov. 21, 1988, unless otherwise noted.
Amendments
[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]