La. Admin. Code tit. 43 § XIII-6303

Current through Register Vol. 50, No. 11, November 20, 2024

Section 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)]

La. Admin. Code tit. 43, § XIII-6303

Promulgated by the Department of Natural Resources, Office of Conservation, LR 16:135 (February 1990), repromulgated LR 16:533 (June 1990), amended LR 30:1293 (June 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757.