---
kind: "section"
citation: "49 C.F.R. § 219.505"
title: "49"
number: "219.505"
heading: "Non-negative tests and refusals."
url: "https://uscodex.org/cfr/49/219.505"
---

# §219.505. Non-negative tests and refusals.


An applicant who has tested positive or refused to submit to pre-employment testing under this section may not perform regulated service for any railroad until he or she has completed the Federal return-to-duty process under [§ 219.104(d)](/cfr/49/219.104.md?p=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)](/cfr/49/219.104.md?p=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.


## Notes

### Amendments

[81 FR 37937, June 10, 2016]

### Authority

Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89.

### Source

Source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.

### Amendments

[81 FR 37937, June 10, 2016]