N.Y. Comp. Codes R. & Regs. tit. 16 § 262.103

Current through Register Vol. 46, No. 43, October 23, 2024

Section 262.103 - 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 section 262.15(d)(2) of this Part; 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 recommended by the medical review officer for return to duty in accordance with DOT procedure and have 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.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.103