No. Sec. 382.301(d) states that employers are allowed to, but are not required to, conduct pre-employment tests for alcohol. If you do choose to conduct such tests, you must:
- Conduct the test before the employee or prospective employee first performs safety-sensitive functions;
- Treat all employees performing safety-sensitive functions the same (that is, you can�t test some drivers but not others);
- Perform the test after making a contingent offer of employment or transfer;
- Conduct the test according to 49 CFR Part 40; and
- Not allow the employee to perform safety-sensitive functions unless the test results indicate an alcohol concentration of less than 0.04.