{"operation":"document","citation":"16 NYCRR 262.103","title":"262.103 Use of persons who fail or refuse a drug test.","source_type":"regulation","agency":"New York State Public Service Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"Drug and Alcohol Testing. (a) An operator may not knowingly use as an employee any person who:\n\n(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\n\n(2) refuses to take a drug test required by this Part.\n\n(b) Paragraph (a)(1) of this section does not apply to a person who has:\n\n(1) passed a drug ","machine_formats":{"json":"https://regulus.evalyn.ai/document/ny-nycrr-262-103.json","markdown":"https://regulus.evalyn.ai/document/ny-nycrr-262-103.md"},"app_url":"https://regulus.evalyn.ai/document/ny-nycrr-262-103","source_url":"https://govt.westlaw.com/nycrr/Document/I505e6bc8cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)","body":"(a) An operator may not knowingly use as an employee any person who:\n\n(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\n\n(2) refuses to take a drug test required by this Part.\n\n(b) Paragraph (a)(1) of this section does not apply to a person who has:\n\n(1) passed a drug test under DOT procedures;\n\n(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\n\n(3) not failed a drug test required by this Part after returning to duty.","truncated":false,"body_characters":692}