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§199.103 Use of persons who fail or refuse a drug test.

...

§199.103 Use of persons who fail or refuse a drug test.

RegSense Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT CFR Regulations Hazmat Safety Focus Area CFR Section English Transportation USA

(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 §199.15(d)(2); 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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