C.F.R. » Title 49 » CHAPTER VI—FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 655—PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS › Subpart E—Types of Testing

49 C.F.R. § 655.49

Refusal to submit to a drug or alcohol test

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(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.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Patrick Leaumont v. City of Alexandria, 582 F. App'x 407 (5th Cir. 2014).
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Patrick Leaumont v. City of Alexandria, 582 F. App'x 407 (5th Cir. 2014). “See 49 C.F.R. § 655.49 (a) (“No employer shall permit an employee who refuses to submit to such a [drug] test to perform or continue to perform safety-sensitive functions.”
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