[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.103]

[Page 184]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
                         Subpart B--Drug Testing
 
Sec. 199.103  Use of persons who fail or refuse a drug test.

    (a) An operator may not knowingly use as an employee any person who-
-
    (1) Fails a drug test required by this part and the medical review 
officer makes a determination under DOT Procedures; or
    (2) Refuses to take a drug test required by this part.
    (b) Paragraph (a)(1) of this section does not apply to a person who 
has--
    (1) Passed a drug test under DOT Procedures;
    (2) Been considered by the medical review officer in accordance with 
DOT Procedures and been determined by a substance abuse professional to 
have successfully completed required education or treatment; and
    (3) Not failed a drug test required by this part after returning to 
duty.

[53 FR 47096, Nov. 21, 1988, as amended by Amdt. 199-2, 54 FR 51850, 
Dec. 18, 1989. Redesignated and amended by Amdt. 199-19, 66 FR 47118, 
Sept. 11, 2001]