US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399) 382.301-311: Required tests: pre-employment, post-accident, random at the annual rates, reasonable suspicion, return-to-duty and follow-up (382.301 to 382.311)

What does 382.301-311 require?

Before a driver first performs a safety-sensitive function the employer must obtain a verified negative pre-employment controlled substances test result (382.301, with the limited exception for drivers tested within the prior six months in another program and the Clearinghouse query). After an accident involving a fatality, or a citation plus bodily injury or disabling vehicle damage, the surviving driver must be tested for alcohol within eight hours and controlled substances within 32 hours (382.303). The employer must conduct random testing at the FMCSA-set annual minimum percentage rates (currently 50 percent for controlled substances and 10 percent for alcohol), with unannounced, reasonably spread selections by a scientifically valid method, and drivers proceeding immediately to the collection site (382.305). Reasonable suspicion tests follow trained supervisors' observations (382.307), and return-to-duty and follow-up tests (at least six in the first 12 months, up to 60 months) follow the substance abuse professional's plan (382.309, 382.311).