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§382.309 Return-to-Duty testing.

RegSenseFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTDrug and Alcohol Testing - DOTTransportationFocus AreaCompliance DocsStandard InterpretationEnglishReturn-to-duty drug and alcohol testing - Motor CarrierUSA

*Question 1: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work with a new employer. Must the new employer conduct two separate controlled substances tests (one pre-employment and one return-to-duty), or will one test suffice for both purposes?

Guidance: An individual, who has complied with the education/treatment process as required under 49 CFR Part 40, Subpart O, but has not submitted to a return-to-duty test, and is seeking employment with a new employer, a single test will suffice to meet the requirements of §382.301 and §382.309 only when the new employer would be required to conduct both tests on the same day.

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['Drug and Alcohol Testing - DOT']
['Return-to-duty drug and alcohol testing - Motor Carrier']
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