Regulations last checked for updates: May 19, 2024

Title 49 - Transportation last revised: May 14, 2024
§ 219.505 - Non-negative tests and refusals.

An applicant who has tested positive or refused to submit to pre-employment testing under this section may not perform regulated service for any railroad until he or she has completed the Federal return-to-duty process under § 219.104(d). An applicant may also not perform DOT safety-sensitive functions for any other employer regulated by a DOT agency until he or she has completed the Federal return-to-duty process under § 219.104(d). This section does not create any right on the part of the applicant to have a subsequent application considered; nor does it restrict the discretion of the railroad to entertain a subsequent application for employment from the same person.

[81 FR 37937, June 10, 2016]
authority: 49 U.S.C. 20103,20107,20140,21301,21304,21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89
source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.
cite as: 49 CFR 219.505