Use of Persons Who Fail or Refuse a Drug Test

§ 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 subpart and the medical review officer makes a determination under DOT Procedures; or#

(2)Refuses to take a drug test required by this subpart.#

(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 subpart after returning to duty.#