---
kind: "range"
citation: "49 C.F.R. §§ 199.215–199.223"
title: "49"
from: "199.215"
to: "199.223"
count: 5
url: "https://uscodex.org/cfr/49/199.215..199.223"
---

# §199.215. Alcohol concentration.


Each operator shall prohibit a covered employee from reporting for duty or remaining on duty requiring the performance of covered functions while having an alcohol concentration of 0.04 or greater. No operator having actual knowledge that a covered employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform covered functions.


# §199.217. On-duty use.


Each operator shall prohibit a covered employee from using alcohol while performing covered functions. No operator having actual knowledge that a covered employee is using alcohol while performing covered functions shall permit the employee to perform or continue to perform covered functions.


# §199.219. Pre-duty use.


Each operator shall prohibit a covered employee from using alcohol within four hours prior to performing covered functions, or, if an employee is called to duty to respond to an emergency, within the time period after the employee has been notified to report for duty. No operator having actual knowledge that a covered employee has used alcohol within four hours prior to performing covered functions or within the time period after the employee has been notified to report for duty shall permit that covered employee to perform or continue to perform covered functions.


# §199.221. Use following an accident.


Each operator shall prohibit a covered employee who has actual knowledge of an accident in which his or her performance of covered functions has not been discounted by the operator as a contributing factor to the accident from using alcohol for eight hours following the accident, unless he or she has been given a post-accident test under [§ 199.225(a)](/cfr/49/199.225.md?p=a), or the operator has determined that the employee's performance could not have contributed to the accident.


# §199.223. Refusal to submit to a required alcohol test.


Each operator shall require a covered employee to submit to a post-accident alcohol test required under [§ 199.225(a)](/cfr/49/199.225.md?p=a), a reasonable suspicion alcohol test required under [§ 199.225(b)](/cfr/49/199.225.md?p=b), or a follow-up alcohol test required under [§ 199.225(d)](/cfr/49/199.225.md?p=d). No operator shall permit an employee who refuses to submit to such a test to perform or continue to perform covered functions.