Section 655.49 - 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.