16 CRR-NY 262.103NY-CRR
16 CRR-NY 262.103
16 CRR-NY 262.103
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.
16 CRR-NY 262.103
Current through March 31, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.