Trucking Regulations

Part 382--Controlled Substances And Alcohol Use And Testing

[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2003]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.301]

[Page 899-900]

TITLE 49--TRANSPORTATION

CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

DEPARTMENT OF TRANSPORTATION

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of Contents

Subpart C--Tests Required

Sec. 382.301 Pre-employment testing.

(a) Prior to the first time a driver performs safety-sensitive

functions for an employer, the driver shall undergo testing for

controlled substances as a condition prior to being used, unless the

employer uses the exception in paragraph (b) of this section. No

employer shall allow a driver, who the employer intends to hire or use,

to perform safety-sensitive functions unless the employer has received a

controlled substances test result from the MRO or C/TPA indicating a

verified negative test result for that driver.

(b) An employer is not required to administer a controlled

substances test

[Page 900]

required by paragraph (a) of this section if:

(1) The driver has participated in a controlled substances testing

program that meets the requirements of this part within the previous 30

days; and

(2) While participating in that program, either:

(i) Was tested for controlled substances within the past 6 months

(from the date of application with the employer), or

(ii) Participated in the random controlled substances testing

program for the previous 12 months (from the date of application with

the employer); and

(3) The employer ensures that no prior employer of the driver of

whom the employer has knowledge has records of a violation of this part

or the controlled substances use rule of another DOT agency within the

previous six months.

(c)(1) An employer who exercises the exception in paragraph (b) of

this section shall contact the controlled substances testing program(s)

in which the driver participates or participated and shall obtain and

retain from the testing program(s) the following information:

(i) Name(s) and address(es) of the program(s).

(ii) Verification that the driver participates or participated in

the program(s).

(iii) Verification that the program(s) conforms to part 40 of this

title.

(iv) Verification that the driver is qualified under the rules of

this part, including that the driver has not refused to be tested for

controlled substances.

(v) The date the driver was last tested for controlled substances.

(vi) The results of any tests taken within the previous six months

and any other violations of subpart B of this part.

(2) An employer who uses, but does not employ a driver more than

once a year to operate commercial motor vehicles must obtain the

information in paragraph (c)(1) of this section at least once every six

months. The records prepared under this paragraph shall be maintained in

accordance with Sec. 382.401. If the employer cannot verify that the

driver is participating in a controlled substances testing program in

accordance with this part and part 40 of this title, the employer shall

conduct a pre-employment controlled substances test.

(d) An employer may, but is not required to, conduct pre-employment

alcohol testing under this part. If an employer chooses to conduct pre-

employment alcohol testing, it must comply with the following

requirements:

(1) It must conduct a pre-employment alcohol test before the first

performance of safety-sensitive functions by every covered employee

(whether a new employee or someone who has transferred to a position

involving the performance of safety-sensitive functions).

(2) It must treat all safety-sensitive employees performing safety-

sensitive functions the same for the purpose of pre-employment alcohol

testing (i.e., it must not test some covered employees and not others).

(3) It must conduct the pre-employment tests after making a

contingent offer of employment or transfer, subject to the employee

passing the pre-employment alcohol test.

(4) It must conduct all pre-employment alcohol tests using the

alcohol testing procedures of 49 CFR part 40 of this title.

(5) It must not allow a covered employee to begin performing safety-

sensitive functions unless the result of the employee's test indicates

an alcohol concentration of less than 0.04.