{"data":{"id":"us/49-cfr-655.61","jurisdiction":"us","citation":"49 CFR 655.61","heading":"Action when an employee has a verified positive drug test result or has a confirmed alcohol test result of 0.04 or greater, or refuses to submit to a test.","body":"(a)(1) Immediately after receiving notice from a medical review officer (MRO) or a consortium/third party administrator (C/TPA) that a covered employee has a verified positive drug test result, the employer shall require that the covered employee cease performing a safety-sensitive function.\n(2) Immediately after receiving notice from a Breath Alcohol Technician (BAT) that a covered employee has a confirmed alcohol test result of 0.04 or greater, the employer shall require that the covered employee cease performing a safety-sensitive function.\n(3) If a covered employee refuses to submit to a drug or alcohol test required by this part, the employer shall require that the covered employee cease performing a safety-sensitive function.\n(b) Before allowing the covered employee to resume performing a safety-sensitive function, the employer shall ensure the employee meets the requirements of 49 CFR Part 40 for returning to duty, including taking a return to duty drug and/or alcohol test.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER VI—FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","PART 655—PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS","Subpart G—Consequences"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"cdcb27622c7fa98edf4b36efaa94325fc3e16ee5923de20afc07d5667a8ff164","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-655.54-655.60","next":"us/49-cfr-655.62"},"notice":"GroundRules: Original legal text. Not legal advice."}