eCFR.io
Daily eCFR

§ 199.103 Use of persons who fail or refuse a drug test.

49 CFR 199.103

  1. CFR
  2. ›
  3. Title 49
  4. ›
  5. Subtitle B
  6. ›
  7. Chapter I
  8. ›
  9. Part 199
  10. ›
  11. Subpart B
  12. ›
  13. 49 CFR 199.103
Citation49 CFR 199.103
CorpusDaily eCFR
Displayed edition2026-07-06
Last updated2026-07-06

§ 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]