49 C.F.R. § 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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Matter of Middleton v. New York City Tr. Auth., 2024 NY Slip Op 33533(U) (N.Y. Sup. Ct., New York Cty. 2024).
Matter of Middleton v. New York City Tr. Auth., 2024 NY Slip Op 33533(U) (N.Y. Sup. Ct., New York Cty. 2024). “49 CFR §§ 655.46 , 655.61(b); id. §§ 40.285(a), 40.”
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