---
kind: "section"
citation: "49 C.F.R. § 655.61"
title: "49"
number: "655.61"
heading: "Action when an employee has a verified positive drug test result or has a confirmed alcohol test result of 0.04 or greater, or refuses to submit to a test."
url: "https://uscodex.org/cfr/49/655.61"
---

# §655.61. Action when an employee has a verified positive drug test result or has a confirmed alcohol test result of 0.04 or greater, or refuses to submit to a test.

- (a)
  - (1) Immediately after receiving notice from a medical review officer (MRO) or a consortium/third party administrator (C/TPA) that a covered employee has a verified positive drug test result, the employer shall require that the covered employee cease performing a safety-sensitive function.
  - (2) Immediately after receiving notice from a Breath Alcohol Technician (BAT) that a covered employee has a confirmed alcohol test result of 0.04 or greater, the employer shall require that the covered employee cease performing a safety-sensitive function.
  - (3) If a covered employee refuses to submit to a drug or alcohol test required by this part, the employer shall require that the covered employee cease performing a safety-sensitive function.
- (b) Before allowing the covered employee to resume performing a safety-sensitive function, the employer shall ensure the employee meets the requirements of [49 CFR Part 40](/cfr/49/part40.md) for returning to duty, including taking a return to duty drug and/or alcohol test.

## Notes

### Amendments

[66 FR 42002, Aug. 9, 2001, as amended at 87 FR 27653, May 2, 2023]

### Authority

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

### Source

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

### Amendments

[66 FR 42002, Aug. 9, 2001, as amended at 87 FR 27653, May 2, 2023]