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

---
identifier: "/us/cfr/t49/s199.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 199.103 - Use of persons who fail or refuse a drug test."
title_number: 49
title_name: "Transportation"
section_number: "199.103"
section_name: "Use of persons who fail or refuse a drug test."
chapter_name: "PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "D"
subchapter_name: "PIPELINE SAFETY"
part_number: "199"
part_name: "DRUG AND ALCOHOL TESTING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53."
regulatory_source: "53 FR 47096, Nov. 21, 1988, unless otherwise noted."
cfr_part: "199"
---


# 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]