# Use of persons who fail or refuse a drug test.

**Citation:** 49 CFR 199.103  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(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

## Document text

(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]

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-199.103>
- Source ID: `ecfr`
- SHA-256: `fd169009d73ae721028aea9aab5d91a56d1298db6919886d47bffa55542ef1ba`
- Retrieved: 2026-08-20T05:54:50.797Z
- Exported: 2026-08-23T04:30:27.945Z
- Document slug: `49-cfr-199-103`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "199",
  "section": "199.103",
  "subpart": "Subpart B—Drug Testing",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```