§382.115 Starting date for testing programs.

Question 1: In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing?

Guidance: Part 382 testing applies to governmental entities, including those of the Federal government, the States, and political subdivisions of the States. An employer is defined as “a person or entity employing one or more employees (including an individual who is self-employed) that is subject to DOT agency regulations requiring compliance with [part 382].” Therefore, any governmental entity, or a subunit of it that controls CMVs and the day-to-day operations of its drivers, may be considered the employer for purposes of part 382. For example, a city government divided into various departments, such as parks and public works, could consider the departments as separate employers if the CMV operations are separately controlled. The city also has the option of deeming the city as the employer of all of the drivers of the various departments.