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Question 1: Does §382.603 require employers to provide recurrent training to supervisory personnel?
Guidance: No.
Question 2: May an employer accept proof of supervisory training for a supervisor from another employer?
Guidance: Yes.
Question 3: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?
Guidance: No. The requirements of §§382.307 and 382.603 are not applicable to owner-operators in non-supervisory positions. §382.307 requires employers to have a driver submit to an alcohol and/or controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of part 382. Applying §382.307, Reasonable Suspicion Testing, to an owner-operator who is an employer and the only employee contradicts both “reason” and “suspicion” implicit in the title and the purpose of §382.307. A driver who has self-knowledge that he/she has violated the prohibitions of subpart B of part 382 is beyond mere suspicion. Furthermore, §382.603 requires “all persons designated to supervise drivers” to receive training that will enable him/her to determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307. An owner-operator who does not hire or supervise other drivers is not in a supervisory position, nor are they subject to the testing requirements of §382.307. Therefore, such an owner-operator would not be subject to the training requirements of §382.603.
Question 4: Supervisor Training: Do I need to train my CDL driver supervisors to recognize physical, behavioral, speech, and performance indicators of drug use or alcohol misuse?
Guidance: Yes. Unless you are an owner-operator employing yourself as the only driver, you must ensure that all supervisors that are designated to supervise CDL drivers undergo a one-time 2-hour training requirement. See 49 CFR §382.603; see also question 3. The training, at minimum, must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which enables supervisors to recognize signs of drug and alcohol use that support §382.307 reasonable suspicion testing. [§382.603].