cfr_sections
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55 rows where part_number = 382 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:5.1.1.2.24.1.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.101 Purpose. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 89 FR 90619, Nov. 18, 2024] | The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles (CMVs). | |||
| 49:49:5.1.1.2.24.1.11.10 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.119 Stand-down waiver provision. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 72 FR 55700, Oct. 1, 2007; 87 FR 59035, Sept. 29, 2022] | (a) Employers are prohibited from standing employees down, except consistent with a waiver from the Federal Motor Carrier Safety Administration as required under this section. (b) An employer subject to this part who seeks a waiver from the prohibition against standing down an employee before the MRO has completed the verification process shall follow the procedures in 49 CFR 40.21. The employer must send a written request, which includes all of the information required by that section to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. (c) The final decision whether to grant or deny the application for a waiver will be made by the Administrator or the Administrator's designee. (d) After a decision is signed by the Administrator or the Administrator's designee, the employer will be sent a copy of the decision, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. (e) Questions regarding waiver applications should be directed to the Federal Motor Carrier Safety Administration, Office of Safety Programs (MC-SS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. | |||
| 49:49:5.1.1.2.24.1.11.11 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.121 Employee admission of alcohol and controlled substances use. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 86 FR 35639, July 7, 2021] | (a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of this part and part 40 of this title, provided that: (1) The admission is in accordance with a written employer-established voluntary self-identification program or policy that meets the requirements of paragraph (b) of this section; (2) The driver does not self-identify in order to avoid testing under the requirements of this part; (3) The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety sensitive function (i.e., prior to reporting for duty); and (4) The driver does not perform a safety sensitive function until the employer is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines. (b) A qualified voluntary self-identification program or policy must contain the following elements: (1) It must prohibit the employer from taking adverse action against an employee making a voluntary admission of alcohol misuse or controlled substances use within the parameters of the program or policy and paragraph (a) of this section; (2) It must allow the employee sufficient opportunity to seek evaluation, education or treatment to establish control over the employee's drug or alcohol problem; (3) It must permit the employee to return to safety sensitive duties only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor; (4) It must ensure that: (i) Prior to the employee participating in a safety sensitive function, the employee shall undergo a non-DOT return to duty test with a result indicating an alcohol concentration of less than 0.02; and/or (ii) Prior to the employee participating in a safety sensitive function, the emplo… | |||
| 49:49:5.1.1.2.24.1.11.12 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.123 Driver identification. | FHWA | [81 FR 87724, Dec. 5, 2016, as amended at 86 FR 35639, July 7, 2021] | (a) Identification information on the Alcohol Testing Form (ATF). For each alcohol test performed under this part, the employer shall provide the driver's commercial driver's license number and State of issuance in Step 1, Section B of the ATF. (b) Identification information on the Federal Drug Testing Custody and Control Form (CCF). For each controlled substance test performed under this part, the employer shall provide the following information, which must be recorded as follows: (1) The driver's commercial driver's license number and State of issuance in Step 1, section C of the CCF. (2) The employer's name and other identifying information required in Step 1, section A of the CCF. | |||
| 49:49:5.1.1.2.24.1.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.103 Applicability. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 78 FR 16194, Mar. 14, 2013; 81 FR 68346, Oct. 4, 2016; 81 FR 71016, Oct. 14, 2016; 81 FR 87724, Dec. 5, 2016; 86 FR 35639, July 7, 2021; 89 FR 90619, Nov. 18, 2024] | (a) This part applies to service agents and to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State and are subject to: (1) The commercial driver's license requirements of part 383 of this subchapter; (2) The Licencia Federal de Conductor (Mexico) requirements; or (3) The commercial drivers license requirements of the Canadian National Safety Code. (b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool. (c) The exceptions contained in § 390.3T(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3T(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section. (d) Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply only with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or (2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be: (i) Operators of a farm vehicle which is: (A) Controlled and operated by a f… | |||
| 49:49:5.1.1.2.24.1.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.105 Testing procedures. | FHWA | Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part. | ||||
| 49:49:5.1.1.2.24.1.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.107 Definitions. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75458, Dec. 31, 2003; 77 FR 59825, Oct. 1, 2012; 81 FR 87724, Dec. 5, 2016; 83 FR 48726, Sept. 27, 2018; 84 FR 51432, Sept. 30, 2019; 86 FR 57069, Oct. 14, 2021; 88 FR 27653, May 2, 2023; 88 FR 80180, Nov. 17, 2023; 89 FR 90619, Nov. 18, 2024] | Words or phrases used in this part are defined in §§ 386.2 and 390.5T of this subchapter, and § 40.3 of this title, except as provided in this section— Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in § 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under § 382.307. As used in this section, “traffic citation” means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol concentration ( or content ) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part. Alcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. Commerce means: (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or (2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (1) of this definition. Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) means the FMCSA database that subpart G… | |||
| 49:49:5.1.1.2.24.1.11.5 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.109 Preemption of State and local laws. | FHWA | (a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regulation, or order to the extent that: (1) Compliance with both the State or local requirement in this part is not possible; or (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part. (b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public. | ||||
| 49:49:5.1.1.2.24.1.11.6 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.111 Other requirements imposed by employers. | FHWA | Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation. | ||||
| 49:49:5.1.1.2.24.1.11.7 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.113 Requirement for notice. | FHWA | Before performing each alcohol or controlled substances test under this part, each employer shall notify a driver that the alcohol or controlled substances test is required by this part. No employer shall falsely represent that a test is administered under this part. | ||||
| 49:49:5.1.1.2.24.1.11.8 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.115 Starting date for testing programs. | FHWA | (a) All domestic-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations. (b) All foreign-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations in the United States. | ||||
| 49:49:5.1.1.2.24.1.11.9 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | A | Subpart A—General | § 382.117 Public interest exclusion. | FHWA | No employer shall use the services of a service agent who is subject to public interest exclusion in accordance with 49 CFR part 40, Subpart R. | ||||
| 49:49:5.1.1.2.24.2.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.201 Alcohol concentration. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 77 FR 4483, Jan. 30, 2012] | No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions. | |||
| 49:49:5.1.1.2.24.2.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.205 On-duty use. | FHWA | No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions. | ||||
| 49:49:5.1.1.2.24.2.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.207 Pre-duty use. | FHWA | No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions. | ||||
| 49:49:5.1.1.2.24.2.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.209 Use following an accident. | FHWA | No driver required to take a post-accident alcohol test under § 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. | ||||
| 49:49:5.1.1.2.24.2.11.5 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.211 Refusal to submit to a required alcohol or controlled substances test. | FHWA | [77 FR 4483, Jan. 30, 2012] | No driver shall refuse to submit to a pre-employment controlled substance test required under § 382.301, a post-accident alcohol or controlled substance test required under § 382.303, a random alcohol or controlled substances test required under § 382.305, a reasonable suspicion alcohol or controlled substance test required under § 382.307, a return-to-duty alcohol or controlled substances test required under § 382.309, or a follow-up alcohol or controlled substance test required under § 382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. | |||
| 49:49:5.1.1.2.24.2.11.6 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.213 Controlled substance use. | FHWA | [77 FR 4483, Jan. 30, 2012, as amended at 88 FR 80180, Nov. 17, 2023] | (a) No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I. (b) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. (c) No employer having actual knowledge that a driver has used a controlled substance, as defined in § 382.107, shall permit the driver to perform or continue to perform a safety-sensitive function, except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. (d) An employer may require a driver to inform the employer of any therapeutic drug use. | |||
| 49:49:5.1.1.2.24.2.11.7 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.215 Controlled substances testing. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 77 FR 4483, Jan. 30, 2012] | No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions. | |||
| 49:49:5.1.1.2.24.2.11.8 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | B | Subpart B—Prohibitions | § 382.217 Employer responsibilities. | FHWA | [81 FR 87724, Dec. 5, 2016, as amended at 88 FR 80180, Nov. 17, 2023] | No employer may allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which an employer determines that a driver is not in compliance with the return-to-duty requirements in 49 CFR part 40, subpart O, after the occurrence of any of the following events: (a) The driver receives a positive, adulterated, or substituted drug test result conducted under part 40 of this title. (b) The driver receives an alcohol confirmation test result of 0.04 or higher alcohol concentration conducted under part 40 of this title. (c) The driver refused to submit to a test for drugs or alcohol required under this part. (d) The driver used alcohol prior to a post-accident alcohol test in violation of § 382.209. (e) An employer has actual knowledge, as defined at § 382.107, that a driver has: (1) Used alcohol while performing safety-sensitive functions in violation of § 382.205; (2) Used alcohol within four hours of performing safety-sensitive functions in violation of § 382.207; or (3) Used a controlled substance, except when the use is prescribed by a licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. | |||
| 49:49:5.1.1.2.24.3.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.301 Pre-employment testing. | FHWA | (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 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 substanc… | ||||
| 49:49:5.1.1.2.24.3.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.303 Post-accident testing. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 87 FR 59035, Sept. 29, 2022] | (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (c) The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section: Table for § 382.303( a ) and ( b ) (d)(1) Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and mai… | |||
| 49:49:5.1.1.2.24.3.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.305 Random testing. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 67 FR 61821, Oct. 2, 2002; 68 FR 75459, Dec. 31, 2003; 81 FR 68346, Oct. 4, 2016; 86 FR 57069, Oct. 14, 2021] | (a) Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. (b)(1) Except as provided in paragraphs (c) through (e) of this section, the minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. (2) Except as provided in paragraphs (f) through (h) of this section, the minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions. (c) The FMCSA Administrator's decision to increase or decrease the minimum annual percentage rate for alcohol testing is based on the reported violation rate for the entire industry. All information used for this determination is drawn from the alcohol management information system reports required by § 382.403. In order to ensure reliability of the data, the FMCSA Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. In the event of a change in the annual percentage rate, the FMCSA Administrator will publish in the Federal Register the new minimum annual percentage rate for random alcohol testing of drivers. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication in the Federal Register. (d)(1) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the FMCSA Administrator may lower this rate to 10 percent of all driver positions if the FMCSA Administrator determines that the data received under the reporting requirements of § 382.403 for two consecutive calendar years indicate that the violation rate is less than 0.5 percent. (2) When the minimum annual percentage rate for random alcohol testing is 50 percent, the FMCSA Administrator may lower th… | |||
| 49:49:5.1.1.2.24.3.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.307 Reasonable suspicion testing. | FHWA | (a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. (b) An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning controlled substances. The employer's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. (c) The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with § 382.603. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. (d) Alcohol testing is authorized by this section only if the observations required by paragraph (a) of this section are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this part. A driver may be directed by the employer to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions. (e)(1) If an alcohol test required by this section is not administered within two hours follo… | ||||
| 49:49:5.1.1.2.24.3.11.5 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.309 Return-to-duty testing. | FHWA | The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40, subpart O. | ||||
| 49:49:5.1.1.2.24.3.11.6 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | C | Subpart C—Tests Required | § 382.311 Follow-up testing. | FHWA | The requirements for follow-up testing must be performed in accordance with 49 CFR part 40, subpart O. | ||||
| 49:49:5.1.1.2.24.4.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.401 Retention of records. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 67 FR 61821, Oct. 2, 2002; 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023; 88 FR 80180, Nov. 17, 2023] | (a) General requirement. Each employer shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access. (b) Period of retention. Each employer shall maintain the records in accordance with the following schedule: (1) Five years. The following records shall be maintained for a minimum of five years: (i) Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater, (ii) Records of driver verified positive controlled substances test results, (iii) Documentation of refusals to take required alcohol and/or controlled substances tests, (iv) Driver evaluation and referrals, (v) Calibration documentation, (vi) Records related to the administration of the alcohol and controlled substances testing program, including records of all driver violations, and (vii) A copy of each annual calendar year summary required by § 382.403. (2) Two years. Records related to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices) shall be maintained for a minimum of 2 years. (3) One year. Records of negative and canceled controlled substances test results and MRO reversal of canceled controlled substances test results (as defined in part 40 of this title) and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year. (4) Indefinite period. Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for two years after ceasing to perform those functions. (c) Types of records. The following specific types of records shall be maintained. “Documents generated” are documents that may have to be prepared under a requirement of this part. If the record is required to be p… | |||
| 49:49:5.1.1.2.24.4.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.403 Reporting of results in a management information system. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 83 FR 22875, May 17, 2018; 88 FR 27653, May 2, 2023; 88 FR 80181, Nov. 17, 2023] | (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. (b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The employer must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix J to part 40). The employer may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means ( e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form submission. For information on the electronic version of the form, see: http://www.fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm. (c) When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall be typed, except for the signature of the certifying official. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium. (d) If you have a covered employee who performs multi-DOT agency functions ( e.g., an employee drives a commercial motor vehicle and performs pipeline maintenance duties for the same employer), count the employee only on the MIS report for the DOT agency under which he or she is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50% of his or her duties. Employers may have to explain the testing data for these empl… | |||
| 49:49:5.1.1.2.24.4.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.405 Access to facilities and records. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016] | (a) Except as required by law or expressly authorized or required in this section, no employer shall release driver information that is contained in records required to be maintained under § 382.401. (b) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The employer shall promptly provide the records requested by the driver. Access to a driver's records shall not be contingent upon payment for records other than those specifically requested. (c) Each employer shall permit access to all facilities utilized in complying with the requirements of this part to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. (d) Each employer, and each service agent who maintains records for an employer, must make available copies of all results for DOT alcohol and/or controlled substances testing conducted by the employer under this part and any other information pertaining to the employer's alcohol misuse and/or controlled substances use prevention program when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. (e) When requested by the National Transportation Safety Board as a part of a crash investigation: (1) Employers must disclose information related to the employer's administration of a post-accident alcohol and/or a controlled substances test administered following the crash under investigation; and (2) FMCSA will provide access to information in the Clearinghouse concerning drivers who are involved with the crash under investigation. (f) Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of… | |||
| 49:49:5.1.1.2.24.4.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.407 Medical review officer notifications to the employer. | FHWA | Medical review officers shall report the results of controlled substances tests to employers in accordance with the requirements of part 40, Subpart G, of this title. | ||||
| 49:49:5.1.1.2.24.4.11.5 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.409 Medical review officer or consortium/third-party administrator record retention for controlled substances. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023; 88 FR 80181, Nov. 17, 2023] | (a) A medical review officer or third-party administrator shall maintain all dated records and notifications, identified by individual, for a minimum of five years for verified positive controlled substances test results. (b) A medical review officer or third-party administrator shall maintain all dated records and notifications, identified by individual, for a minimum of one year for negative and canceled controlled substances test results and MRO reversal of cancelled controlled substances test results. (c) No person may obtain the individual controlled substances test results retained by a medical review officer (MRO as defined in § 40.3 of this title) or a consortium/third-party administrator (C/TPA as defined in § 382.107), and no MRO or C/TPA may release the individual controlled substances test results of any driver to any person, without first obtaining a specific, written authorization from the tested driver. Nothing in this paragraph (c) shall prohibit a MRO or a C/TPA from releasing to the employer, the Clearinghouse, or to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the controlled substances and alcohol testing program under this part, the information delineated in part 40, subpart G, of this title. | |||
| 49:49:5.1.1.2.24.4.11.6 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.411 Employer notifications. | FHWA | (a) An employer shall notify a driver of the results of a pre-employment controlled substances test conducted under this part, if the driver requests such results within 60 calendar days of being notified of the disposition of the employment application. An employer shall notify a driver of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this part if the test results are verified positive. The employer shall also inform the driver which controlled substance or substances were verified as positive. (b) The designated employer representative shall make reasonable efforts to contact and request each driver who submitted a specimen under the employer's program, regardless of the driver's employment status, to contact and discuss the results of the controlled substances test with a medical review officer who has been unable to contact the driver. (c) The designated employer representative shall immediately notify the medical review officer that the driver has been notified to contact the medical review officer within 72 hours. | ||||
| 49:49:5.1.1.2.24.4.11.7 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.413 Inquiries for alcohol and controlled substances information from previous employers. | FHWA | [89 FR 90619, Nov. 18, 2024] | (a) Employers must request alcohol and controlled substances information from previous employers in accordance with the requirements of § 391.23(e). (b) As of January 6, 2023, employers must use the Drug and Alcohol Clearinghouse in accordance with § 382.701(a) to comply with the requirements of § 391.23(e) with respect to FMCSA-regulated employers. Exception: When an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers must request the employee's follow-up testing plan directly from the previous employer in accordance with § 391.23(e)(4)(i). (c) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT Agency other than FMCSA, the employer must request the alcohol and controlled substances information required under this section and § 391.23(e) directly from those employers regulated by a DOT Agency other than FMCSA. | |||
| 49:49:5.1.1.2.24.4.11.8 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | D | Subpart D—Handling of Test Results, Records Retention, and Confidentiality | § 382.415 Notification to employers of a controlled substances or alcohol testing program violation. | FHWA | [81 FR 87725, Dec. 5, 2016] | Each person holding a commercial driver's license and subject to the DOT controlled substances and alcohol testing requirements in this part who has violated the alcohol and controlled substances prohibitions under part 40 of this title or this part without complying with the requirements of part 40, subpart O, must notify in writing all current employers of such violation(s). The driver is not required to provide notification to the employer that administered the test or documented the circumstances that gave rise to the violation. The notification must be made before the end of the business day following the day the employee received notice of the violation, or prior to performing any safety-sensitive function, whichever comes first. | |||
| 49:49:5.1.1.2.24.5.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | E | Subpart E—Consequences for Drivers Engaging in Substance Use-Related Conduct | § 382.501 Removal from safety-sensitive function. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 89 FR 90619, Nov. 18, 2024] | (a) Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of another DOT agency. (b) No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated this section. (c) For purposes of this subpart, commercial motor vehicle means a commercial motor vehicle in commerce as defined in § 382.107, and a commercial motor vehicle in interstate commerce as defined in part 390 of this subchapter. | |||
| 49:49:5.1.1.2.24.5.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | E | Subpart E—Consequences for Drivers Engaging in Substance Use-Related Conduct | § 382.503 Required evaluation and testing, reinstatement of commercial driving privilege. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 86 FR 55741, Oct. 7, 2021] | (a) No driver who has engaged in conduct prohibited by subpart B of this part shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of part 40, subpart O, of this title. No employer shall permit a driver who has engaged in conduct prohibited by subpart B of this part to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of part 40, subpart O, of this title. (b) No driver whose commercial driving privilege has been removed from the driver's license, pursuant to § 382.501(a), shall drive a commercial motor vehicle until the State Driver Licensing Agency reinstates the CLP or CDL privilege to the driver's license. | |||
| 49:49:5.1.1.2.24.5.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | E | Subpart E—Consequences for Drivers Engaging in Substance Use-Related Conduct | § 382.505 Other alcohol-related conduct. | FHWA | (a) No driver tested under the provisions of subpart C of this part who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test. (b) Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law. | ||||
| 49:49:5.1.1.2.24.5.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | E | Subpart E—Consequences for Drivers Engaging in Substance Use-Related Conduct | § 382.507 Penalties. | FHWA | Any employer or driver who violates the requirements of this part shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b). In addition, any employer or driver who violates the requirements of 49 CFR part 40 shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b). | ||||
| 49:49:5.1.1.2.24.6.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | F | Subpart F—Alcohol Misuse and Controlled Substances Use Information, Training, and Referral | § 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. | FHWA | [66 FR 43103, Aug. 17, 2001, as amended at 78 FR 58479, Sept. 24, 2013; 81 FR 87725, Dec. 5, 2016; 83 FR 16226, Apr. 16, 2018; 89 FR 90619, Nov. 18, 2024] | (a) General requirements. Each employer shall provide educational materials that explain the requirements of this part and the employer's policies and procedures with respect to meeting these requirements. (1) The employer shall ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing under this part and to each driver subsequently hired or transferred into a position requiring driving a commercial motor vehicle. (2) Each employer shall provide written notice to representatives of employee organizations of the availability of this information. (b) Required content. The materials to be made available to drivers shall include detailed discussion of at least the following: (1) The identity of the person designated by the employer to answer driver questions about the materials; (2) The categories of drivers who are subject to the provisions of this part; (3) Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance with this part; (4) Specific information concerning driver conduct that is prohibited by this part; (5) The circumstances under which a driver will be tested for alcohol and/or controlled substances under this part, including post-accident testing under § 382.303; (6) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures and instructions required by § 382.303; (7) The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with this part; (8) An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences; (9) The consequences for dri… | |||
| 49:49:5.1.1.2.24.6.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | F | Subpart F—Alcohol Misuse and Controlled Substances Use Information, Training, and Referral | § 382.603 Training for supervisors. | FHWA | Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under § 382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required. | ||||
| 49:49:5.1.1.2.24.6.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | F | Subpart F—Alcohol Misuse and Controlled Substances Use Information, Training, and Referral | § 382.605 Referral, evaluation, and treatment. | FHWA | The requirements for referral, evaluation, and treatment must be performed in accordance with 49 CFR part 40, Subpart O. | ||||
| 49:49:5.1.1.2.24.7.11.1 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.701 Drug and Alcohol Clearinghouse. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35639, July 7, 2021] | (a) Pre-employment query required. (1) Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213. (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent. (b) Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees. (2) In lieu of a full query, as described in paragraph (a)(2) of this section, an employer may obtain the individual driver's consent to conduct a limited query to satisfy the annual query requirement in paragraph (b)(1) of this section. The limited query will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer. The individual driver may give consent to conduct limited queries that is effective for more than one year. (3) If the limited query shows that information exists in the Clearinghouse about the individual driver, the employer must conduct a full query, in accordance with paragraph (a)(2) of this section, within 24… | |||
| 49:49:5.1.1.2.24.7.11.10 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.719 Availability and removal of information. | FHWA | (a) Driver information not available. Information about a driver's drug or alcohol violation will not be available to an employer conducting a query of the Clearinghouse after all of the following conditions relating to the violation are satisfied: (1) The SAP reports to the Clearinghouse the information required in § 382.705(d); (2) The employer reports to the Clearinghouse that the driver's return-to-duty test results are negative; (3) The driver's current employer reports that the driver has successfully completed all follow-up tests as prescribed in the SAP report in accordance with §§ 40.307, 40.309, and 40.311 of this title; and (4) Five years have passed since the date of the violation determination. (b) Driver information remains available. Information about a particular driver's drug or alcohol violation will remain available to employers conducting a query until all requirements in paragraph (a) of this section have been met. (c) Exceptions. (1) Within 2 business days of granting a request for removal pursuant to § 382.717(a)(2)(i), FMCSA will remove information from the Clearinghouse. (2) Information about a particular driver's drug or alcohol violation may be removed in accordance with § 382.717(a)(2)(ii) and (iii) or in accordance with 49 CFR part 10. (d) Driver information remains available. Nothing in this part shall prevent FMCSA from using information removed under this section for research, auditing, or enforcement purposes. | ||||
| 49:49:5.1.1.2.24.7.11.11 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.721 Fees. | FHWA | FMCSA may collect a reasonable fee from entities required to query the Clearinghouse. Exception: No driver may be required to pay a fee to access his or her own information in the Clearinghouse. | ||||
| 49:49:5.1.1.2.24.7.11.12 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.723 Unauthorized access or use prohibited. | FHWA | (a) Except as expressly authorized in this subpart, no person or entity may access the Clearinghouse. No person or entity may share, distribute, publish, or otherwise release any information in the Clearinghouse except as specifically authorized by law. No person may report inaccurate or misleading information to the Clearinghouse. (b) An employer's use of information received from the Clearinghouse is limited to determining whether a prohibition applies to a driver performing a safety-sensitive function with respect to a commercial motor vehicle. No employer may divulge or permit any other person or entity to divulge any information from the Clearinghouse to any person or entity not directly involved in determining whether a prohibition applies to a driver performing a safety-sensitive function with respect to a commercial motor vehicle. (c) Violations of this section are subject to civil and criminal penalties in accordance with applicable law, including those set forth at § 382.507. (d) Nothing in this part shall prohibit FMCSA from accessing information about individual drivers in the Clearinghouse for research, auditing, or enforcement purposes. | ||||
| 49:49:5.1.1.2.24.7.11.13 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.725 Access by State licensing authorities. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 84 FR 68057, Dec. 13, 2019; 86 FR 35640, July 7, 2021; 86 FR 55742, Oct. 7, 2021] | (a)(1) Before November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver's licensing official of a State may obtain the driver's record from the Clearinghouse if the driver has applied for a commercial driver's license or commercial learner's permit from that State. (2) On or after November 18, 2024, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver's licensing official of a State must obtain the driver's record from the Clearinghouse if the driver has applied for a commercial driver's license or commercial learner's permit from that State. (b) By applying for a commercial driver's license or a commercial learner's permit, a driver is deemed to have consented to the release of information from the Clearinghouse in accordance with this section. (c) The chief commercial driver's licensing official's use of information received from the Clearinghouse is limited to determining an individual's qualifications to operate a commercial motor vehicle. No chief commercial driver's licensing official may divulge or permit any other person or entity to divulge any information from the Clearinghouse to any person or entity not directly involved in determining an individual's qualifications to operate a commercial motor vehicle. (d) A chief commercial driver's licensing official who does not take appropriate safeguards to protect the privacy and confidentiality of information obtained under this section is subject to revocation of his or her right of access under this section. | |||
| 49:49:5.1.1.2.24.7.11.14 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.727 Penalties. | FHWA | An employer, employee, MRO, or service agent who violates any provision of this subpart shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b)(2)(C). | ||||
| 49:49:5.1.1.2.24.7.11.2 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.703 Driver consent to permit access to information in the Clearinghouse. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 57069, Oct. 14, 2021] | (a) No employer may query the Clearinghouse to determine whether a record exists for any particular driver without first obtaining that driver's written or electronic consent. The employer conducting the search must retain the consent for 3 years from the date of the last query. (b) Before the employer may access information contained in the driver's Clearinghouse record, the driver must submit electronic consent through the Clearinghouse granting the employer access to the following specific records: (1) A verified positive, adulterated, or substituted controlled substances test result; (2) An alcohol confirmation test with a concentration of 0.04 or higher; (3) A refusal to submit to a test in violation of § 382.211; (4) An employer's report of actual knowledge, as defined at § 382.107, of: (i) On duty alcohol use pursuant to § 382.205; (ii) Pre-duty alcohol use pursuant to § 382.207; (iii) Alcohol use following an accident pursuant to § 382.209; and (iv) Controlled substance use pursuant to § 382.213; (5) A SAP report of the successful completion of the return-to-duty process; (6) A negative return-to-duty test; and (7) An employer's report of completion of follow-up testing. (c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraph (a) or (b) of this section. (d) A driver granting consent under this section must provide consent electronically to the Agency through the Clearinghouse prior to release of information to an employer in accordance with § 382.701(a)(2) or (b)(3). (e) A driver granting consent under this section grants consent for the Agency to release information to an employer in accordance with § 382.701(c). | |||
| 49:49:5.1.1.2.24.7.11.3 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.705 Reporting to the Clearinghouse. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35639, July 7, 2021; 88 FR 27653, May 2, 2023] | (a) MROs. (1) Within 2 business days of making a determination or verification, MROs must report the following information about a driver to the Clearinghouse: (i) Verified positive, adulterated, or substituted controlled substances test results; (ii) Refusal-to-test determination by the MRO in accordance with 49 CFR 40.191(a)(5), (7), and (11), (b), and (d)(2). (2) MROs must provide the following information for each controlled substances test result specified in paragraph (a)(1) of this section: (i) Reason for the test; (ii) Federal Drug Testing Custody and Control Form specimen ID number; (iii) Driver's name, date of birth, and CDL number and State of issuance; (iv) Employer's name, address, and USDOT number, if applicable; (v) Date of the test; (vi) Date of the verified result; and (vii) Test result. The test result must be one of the following: (A) Positive (including the controlled substance(s) identified); (B) Refusal to test: Adulterated; (C) Refusal to test: Substituted; or (D) Refusal to provide a sufficient specimen after the MRO makes a determination, in accordance with § 40.193 of this title, that the employee does not have a medical condition that has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine or oral fluid. Under this subpart a refusal would also include a refusal to undergo a medical examination or evaluation to substantiate a qualifying medical condition. (3) Within 1 business day of making any change to the results report in accordance with paragraph (a)(1) of this section, a MRO must report that changed result to the Clearinghouse. (b) Employers. (1) Employers must report the following information about a driver to the Clearinghouse by the close of the third business day following the date on which they obtained that information: (i) An alcohol confirmation test result with an alcohol concentration of 0.04 or greater; (ii) A negative return-to-duty test result; (iii) A refusal to take an alcohol tes… | |||
| 49:49:5.1.1.2.24.7.11.4 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.707 Notice to drivers of entry, revision, removal, or release of information. | FHWA | (a) FMCSA must notify a driver when information concerning that driver has been added to, revised, or removed from the Clearinghouse. (b) FMCSA must notify a driver when information concerning that driver has been released from the Clearinghouse to an employer and specify the reason for the release. (c) Drivers will be notified by letter sent by U.S. Mail to the address on record with the State Driver Licensing Agency that issued the driver's commercial driver's license. Exception: A driver may provide the Clearinghouse with an alternative means or address for notification, including electronic mail. | ||||
| 49:49:5.1.1.2.24.7.11.5 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.709 Drivers' access to information in the Clearinghouse. | FHWA | A driver may review information in the Clearinghouse about himself or herself, except as otherwise restricted by law or regulation. A driver must register with the Clearinghouse before accessing his or her information. | ||||
| 49:49:5.1.1.2.24.7.11.6 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.711 Clearinghouse registration. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 88 FR 80181, Nov. 17, 2023.] | (a) Clearinghouse registration required. Each employer and service agent must register with the Clearinghouse before accessing or reporting information in the Clearinghouse. (b) Employers. (1) Employer Clearinghouse registration must include: (i) Name, address, and telephone number; (ii) USDOT number, except if the registrant does not have a USDOT Number, it may be requested to provide other information to verify identity; and (iii) Name of the person(s) the employer authorizes to report information to or obtain information from the Clearinghouse and any additional information FMCSA needs to validate his or her identity. (2) Employers must verify the names of the person(s) authorized under paragraph (b)(1)(iii) of this section annually. (3) Identification of the C/TPA or other service agent used to comply with the requirements of this part, if applicable, and authorization for the C/TPA to query or report information to the Clearinghouse. Employers must update any changes to this information within 10 days. (c) MROs and SAPs. Each MRO or SAP must provide the following to apply for Clearinghouse registration: (1) Name, address, telephone number, and any additional information FMCSA needs to validate the applicant's identity; (2) A certification that the applicant's access to the Clearinghouse is conditioned on his or her compliance with the applicable qualification and/or training requirements in 49 CFR part 40; and (3) Evidence of required professional credentials to verify that the applicant currently meets the applicable qualification and/or training requirements in 49 CFR part 40. (d) C/TPAs and other service agents. Each consortium/third-party administrator or other service agent must provide the following to apply for Clearinghouse registration: (1) Name, address, telephone number, and any additional information FMCSA needs to validate the applicant's identity; and (2) Name, title, and telephone number of the person(s) authorized to report information to and obtain information from the C… | |||
| 49:49:5.1.1.2.24.7.11.7 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.713 Duration, cancellation, and revocation of access. | FHWA | (a) Term. Clearinghouse registration is valid for 5 years, unless cancelled or revoked. (b) Cancellation. FMCSA will cancel Clearinghouse registrations for anyone who has not queried or reported to the Clearinghouse for 2 years. (c) Revocation. FMCSA has the right to revoke the Clearinghouse registration of anyone who fails to comply with any of the prescribed rights and restrictions on access to the Clearinghouse, including but not limited to, submission of inaccurate or false information and misuse or misappropriation of access rights or protected information from the Clearinghouse and failure to maintain the requisite qualifications, certifications and/or training requirements as set forth in part 40 of this title. | ||||
| 49:49:5.1.1.2.24.7.11.8 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.715 Authorization to enter information into the Clearinghouse. | FHWA | (a) C/TPAs. No C/TPA or other service agent may enter information into the Clearinghouse on an employer's behalf unless the employer designates the C/TPA or other service agent. (b) SAPs. A driver must designate a SAP before that SAP can enter any information about the driver's return-to-duty process into the Clearinghouse. | ||||
| 49:49:5.1.1.2.24.7.11.9 | 49 | Transportation | III | B | 382 | PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING | G | Subpart G—Requirements and Procedures for Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse | § 382.717 Procedures for correcting certain information in the database. | FHWA | [81 FR 87725, Dec. 5, 2016, as amended at 86 FR 35640, July 7, 2021; 86 FR 55742, Oct. 7, 2021; 86 FR 57069, Oct. 14, 2021] | (a) Petitions limited to incorrectly reported information. (1) Under this section, petitioners may request only that administrative errors be corrected ( e.g., errors in data entry or a duplicate report of a positive test result); petitioners may not contest the accuracy of test results, test refusals, or other violation information, under this section. (2) Exceptions. (i) Petitioners may request that FMCSA add documentary evidence of a non-conviction to an employer's report of actual knowledge that the driver received a traffic citation for driving a commercial motor vehicle while under the influence of alcohol or controlled substances if the citation did not result in a conviction. For the purposes of this section, conviction has the same meaning as used in 49 CFR part 383. (ii) Petitioners may request that FMCSA remove from the Clearinghouse an employer's report of actual knowledge (other than as provided for in paragraph (a)(2)(i) of this section) if that report does not comply with the reporting requirements in § 382.705(b)(5). (iii) Petitioners may request that FMCSA remove from the Clearinghouse an employer's report of a violation under 49 CFR 40.261(a)(1) or 40.191(a)(1) if that report does not comply with the reporting requirements in § 382.705(b)(3). (b) Petition. Any driver or authorized representative of the driver may submit a petition to the FMCSA contesting the accuracy of information in the Clearinghouse. The petition must include: (1) The petitioner's name, address, telephone number, and CDL number and State of issuance; (2) Detailed description of the basis for the allegation that the information is not accurate; and (3) Evidence supporting the allegation that the information is not accurate. Failure to submit evidence is cause for dismissing the petition. (c) Submission of petition. The petitioner may submit his/her petition electronically through the Clearinghouse or in writing to: Federal Motor Carrier Safety Administration, ATTN: Drug and Alcohol Clearinghouse Petition for R… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);