Use of Persons Who Fail or Refuse a Drug Test [49 CFR 199.103]

(A)A. An operator may not knowingly use as an employee any person who: [49 CFR 199.103(a)]#

(1)1. fails a drug test required by this Chapter and the medical review officer makes a determination under DOT procedures; or [49 CFR 199.103(a)(1)]#

(2)2. refuses to take a drug test required by this Chapter. [49 CFR 199.103(a)(2)]#

(B)B. Paragraph A.1 of this Section does not apply to a person who has: [49 CFR 199.103(b)]#

(1)1. passed a drug test under DOT procedures; [49 CFR 199.103(b)(1)]#

(2)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 [49 CFR 199.103(b)(2)]#

(3)3. not failed a drug test required by this Chapter after returning to duty. [49 CFR 199.103(b)(3)]#

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757.#

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Office of Conservation, LR 16:135 (February 1990), repromulgated LR 16:533 (June 1990), amended LR 30:1293 (June 2004).#