[Code of Federal Regulations] [Title 49, Volume 6] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR655.49] [Page 67] TITLE 49--TRANSPORTATION TRANSPORTATION PART 655--PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS--Table of Contents Subpart E--Types of Testing Sec. 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 Sec. 655.44, a random drug and alcohol test required under Sec. 655.45, a reasonable suspicion drug and alcohol test required under Sec. 655.43, or a follow-up drug and alcohol test required under Sec. 655.47. 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.