US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399)
Part 382: Controlled substances and alcohol use and testing, and the Clearinghouse – US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399)

US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399) 382.101-121: Applicability of the drug and alcohol testing program to CDL drivers, the prohibitions on alcohol and controlled substance use and refusals, and the employer's testing program (382.101 to 382.121, 382.201 to 382.217)

What does 382.101-121 require?

Every employer of drivers who operate CMVs requiring a CDL (or Mexican or Canadian equivalent) must implement a controlled substances and alcohol testing program under Part 382 and 49 CFR Part 40. No driver may report for duty or remain on duty with a breath alcohol concentration of 0.04 or greater, use alcohol while performing safety-sensitive functions or within four hours before, use alcohol within eight hours after an accident requiring a post-accident test, or use or test positive for a controlled substance (unless prescribed and the physician advises it does not affect safe operation), and no employer with actual knowledge of such conduct may permit the driver to perform safety-sensitive functions. Refusal to submit to a required test counts as a positive. The employer must use a DOT-qualified testing laboratory, medical review officer and collection sites and apply Part 40 procedures.

Maintained by Gerard Blokdyk

Other controls in Part 382: Controlled substances and alcohol use and testing, and the Clearinghouse – US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399)

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