49 CFR § 655.46 - Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater.
---
identifier: "/us/cfr/t49/s655.46"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 655.46 - Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater."
title_number: 49
title_name: "Transportation"
section_number: "655.46"
section_name: "Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater."
chapter_name: "FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "655"
part_name: "PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5331 (as amended); 49 CFR 1.91"
regulatory_source: "66 FR 42002, Aug. 9, 2001, unless otherwise noted."
cfr_part: "655"
---
# 655.46 Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test result of 0.04 or greater.
Where a covered employee refuses to submit to a test, has a verified positive drug test result, and/or has a confirmed alcohol test result of 0.04 or greater, the employer, before returning the employee to duty to perform a safety-sensitive function, shall follow the procedures outlined in 49 CFR Part 40.