---
kind: "section"
citation: "49 C.F.R. § 199.103"
title: "49"
number: "199.103"
heading: "Use of persons who fail or refuse a drug test."
url: "https://uscodex.org/cfr/49/199.103"
---

# §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.**

## Notes

### 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]