49 CFR § 655.49 - Refusal to submit to a drug or alcohol test.
---
identifier: "/us/cfr/t49/s655.49"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 655.49 - Refusal to submit to a drug or alcohol test."
title_number: 49
title_name: "Transportation"
section_number: "655.49"
section_name: "Refusal to submit to a drug or alcohol test."
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"
---
# 655.49 Refusal to submit to a drug or alcohol test.
(a) Each employer shall require a covered employee to submit to a post-accident drug and alcohol test required under § 655.44, a random drug and alcohol test required under § 655.45, a reasonable suspicion drug and alcohol test required under § 655.43, or a follow-up drug and alcohol test required under § 655.47. No employer shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.
(b) When an employee refuses to submit to a drug or alcohol test, the employer shall follow the procedures outlined in 49 CFR Part 40.