49 CFR 655.49 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 572.1 To Parts 851-999) — Other Regulations Relating To Transportation (Continued) (§ 572.1 To Parts 851-999) — Federal Transit Administration, Department Of Transportation (Part 600 To Parts 675-699) — Prevention Of Alcohol Misuse And Prohibited Drug Use In Transit Operations (§ 655.1 To § 655.83) — Types Of Testing (§ 655.41 To § 655.50) — Refusal to submit to a drug or alcohol test.

(a) Each employer shall require a covered employee to submit to a post-accident drug and alcohol test required under § 655.44, a random drug and alcohol test required under § 655.45, a reasonable suspicion drug and alcohol test required under § 655.43, or a follow-up drug and alcohol test required under § 655.47. No employer shall permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.

(b) When an employee refuses to submit to a drug or alcohol test, the employer shall follow the procedures outlined in 49 CFR Part 40.