262.103 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 section 262.15(d)(2) of this Part; 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 recommended by the medical review officer for return to duty in accordance with DOT procedure and have 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.#