---
kind: "section"
citation: "49 C.F.R. § 655.46"
title: "49"
number: "655.46"
heading: "Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater."
url: "https://uscodex.org/cfr/49/655.46"
---

# §655.46. Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater.


Where a covered employee refuses to submit to a test, has a verified positive drug test result, and/or has a confirmed alcohol test result of 0.04 or greater, the employer, before returning the employee to duty to perform a safety-sensitive function, shall follow the procedures outlined in [49 CFR Part 40](/cfr/49/part40.md).


## Notes

### Authority

Authority: 49 U.S.C. 5331 (as amended); 49 CFR 1.91

### Source

Source: 66 FR 42002, Aug. 9, 2001, unless otherwise noted.