(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.
Source: 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
Compiled from the Electronic Code of Federal Regulations (eCFR), an editorial compilation and not an official legal edition of the CFR. The official text is the Federal Register and the annual CFR edition. §199.103 on eCFR.