Experience Everything Compliance Network Has to Offer
Start Customizing Your Profile for Free!
Update to Professional Trial!
Already have an account?
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network Professional Trial!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmat related content.
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact email@example.com or call 800-558-5011.
RegSenseFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTDrug and Alcohol Testing - DOTOffice of the Secretary of TransportationReturn-to-duty drug and alcohol testing - Motor CarrierFocus AreaCompliance DocsStandard InterpretationEnglishTransportationUSA
382.309 Return-to-duty testing
*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.
*Editor’s Note: This interpretation was issued after the interpretations were published in the Federal Register in April 1997.
READ MORESHOW LESS
['Drug and Alcohol Testing - DOT']
['Return-to-duty drug and alcohol testing - Motor Carrier']
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.