Do drivers need to be pre-employment tested for alcohol?

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.