LAC 43:XIII.6303. Use of Persons Who Fail or Refuse a Drug Test [49 CFR 199.103]

A. An operator may not knowingly use as an employee any person who: [49 CFR 199.103(a)] 1. fails a drug test required by this Chapter and the medical review officer makes a determination under DOT procedures; or [49 CFR 199.103(a)(1)] 2. refuses to take a drug test required by this Chapter. [49 CFR 199.103(a)(2)] B. Paragraph A.1 of this Section does not apply to a person who has: [49 CFR 199.103(b)] 1. passed a drug test under DOT procedures; [49 CFR 199.103(b)(1)] 2. been considered by the medical review officer in accordance with DOT procedures and been determined by a substance abuse professional to have successfully completed required education or treatment; and [49 CFR 199.103(b)(2)] 3. not failed a drug test required by this Chapter after returning to duty. [49 CFR 199.103(b)(3)]