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Before a driver performs any safety-sensitive functions for a motor carrier, the driver must submit to testing for drugs. The motor carrier must receive a negative result prior to allowing the driver to drive or perform other safety-sensitive functions.
This regulation applies to all people who operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.
The motor carrier must notify the driver either orally or in writing that the pre-employment drug test is required under the regulations.
Once the motor carrier receives a negative result from the medical review officer (MRO), the driver may drive or perform other safety-sensitive functions.
Motor carriers must notify a driver of the result of a drug test conducted under the regulations, if the driver requests the results within 60 days of being notified of the disposition of the employment application.
Exceptions. A motor carrier is not required to administer a pre-employment drug test if the following conditions are met:
To use this exception, the motor carrier must contact the testing program prior to using the driver and obtain the following information:
A motor carrier who uses a driver more than once a year, but does not employ the driver, must obtain the information listed above at least once every six months, verifying that the driver participates in an alcohol and drug testing program that meets the requirements of the regulations.
Alcohol testing. A pre-employment alcohol test is not required under Part 382 regulations, but a motor carrier may conduct this type of test if the following criteria are met: