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49 C.F.R. § 199.103   Use of persons who fail or refuse a drug test.

Title 49 - Transportation

Title 49: Transportation
PART 199—DRUG AND ALCOHOL TESTING
Subpart B—Drug Testing

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§ 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 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]

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