What are the exceptions to Part 382?
- There are a few exceptions to Part 382 of FMCSA’s DOT drug and alcohol testing standards.
- Companies that are excepted from other areas of the FMCSRs may be subject to DOT drug and alcohol testing.
Some exceptions apply to Part 382 of the Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol testing standards.
Who is not subject to Part 382?
The following employers and drivers, according to 382.103(d), are exempt from the requirements in Part 382:
- Those required to comply with the drug and alcohol testing requirements for transit operations (Parts 653 and 654);
- Those granted a full waiver from the requirements of the CDL program;
- Those granted an optional state waiver from the CDL requirements; and
- Drivers of vehicles that do not meet the CMV definition in 382.107, but are required by the state to possess a CDL.
Exceptions that do not apply to DOT testing requirements
Companies that are excepted from other areas of the Federal Motor Carrier Safety Regulations (FMCSRs) may be subject to DOT drug and alcohol testing. For instance, the exception in 390.3(f) — that excludes certain parties from the bulk of the safety regulations — does not carry over to DOT testing in Part 382.
As a result, intrastate truck and motor coach operations, including those operated by federal, state, and local government agencies, church and civic organizations, Indian tribes, and for-hire and private companies are subject to DOT testing requirements.
Does a staffing service’s program satisfy Part 382?
According to an FMCSA notice, a staffing service is the “employer” for DOT drug and alcohol testing when the driver is assigned to a motor carrier for a period of fewer than 30 consecutive days. The staffing service may create its own Part 382 testing program to include these casual, intermittent, and occasional drivers.
If a leased driver operates — or is expected to operate — for a motor carrier for a period of more than 30 consecutive days, the driver must be included in the motor carrier’s testing program, and the motor carrier must assume full responsibility for the driver under its DOT testing program.