---
kind: "section"
citation: "49 C.F.R. § 655.49"
title: "49"
number: "655.49"
heading: "Refusal to submit to a drug or alcohol test."
url: "https://uscodex.org/cfr/49/655.49"
---

# §655.49. Refusal to submit to a drug or alcohol test.

- (a) Each employer shall require a covered employee to submit to a post-accident drug and alcohol test required under [§ 655.44](/cfr/49/655.44.md), a random drug and alcohol test required under [§ 655.45](/cfr/49/655.45.md), a reasonable suspicion drug and alcohol test required under [§ 655.43](/cfr/49/655.43.md), or a follow-up drug and alcohol test required under [§ 655.47](/cfr/49/655.47.md). No employer shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.
- (b) When an employee refuses to submit to a drug or alcohol test, the employer 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.