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Materials explaining how an employer implements the requirements of Part 382 and the employer's policies and procedures with respect to meeting the requirements, must be provided to each driver. These materials must be distributed prior to the start of alcohol and drug testing, and to each driver subsequently hired or transferred into a position requiring driving of a commercial motor vehicle (CMV). All drivers must sign a receipt, certifying that they have received a copy of the materials.
Scope
This regulation applies to all people who operate a CMV requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.
Regulatory citations
- 49 CFR 382.601 — Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances
Key definitions
- Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
- Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
- Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
- Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
- Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
- Designed to transport 16 or more passengers, including the driver; or
- Of any size and is used in the transportation of hazardous materials as defined in 383.5.
Summary of requirements
Information on the following areas must be included in the materials provided to each driver
- The name of the person designated by the employer to answer driver questions about the materials;
- The categories of drivers who are subject to the provisions of Part 382;
- Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the workday the driver is required to be in compliance with Part 382;
- Specific information concerning driver conduct that is prohibited;
- The circumstances under which a driver will be tested for alcohol and/or drugs under Part 382;
- The procedures that will be used:
- To test for the presence of alcohol and drugs,
- Protect the driver and the integrity of the testing process,
- Safeguard the validity of the test results, and
- Ensure that those results are attributed to the correct driver;
- The requirement that a driver submit to alcohol and drug tests administered in accordance with Part 382;
- An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test and attendant consequences;
- The consequences for drivers found to have violated Part 382, Subpart B, including the requirement that the driver be removed immediately from safety-sensitive functions, and procedures under Part 40, Subpart O;
- The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;
- Information concerning:
- The effects of alcohol and drug use on an individual’s health, work, and personal life,
- Signs and symptoms of an alcohol or drug problem (a driver’s or a coworker’s), and
- Available methods of intervening when an alcohol or drug problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management; and
- The requirement (as of January 6, 2020) that the following personal information that is collected and maintained must be reported to the Drug and Alcohol Clearinghouse:
- A verified positive, adulterated, or substituted drug test result,
- An alcohol confirmation test with a concentration of 0.04 or higher,
- A refusal to submit to any test required by Part 382, Subpart C,
- An employer’s report of actual knowledge, as defined in 382.107:
- On-duty alcohol use in violation of 382.205,
- Pre-duty alcohol use in violation of 382.207,
- Alcohol use following an accident in violation of 382.209,
- Drug use in violation of 382.213,
- A substance abuse professional (SAP) report of the successful completion of the return-to-duty process,
- A negative return-to-duty test, and
- An employer’s report of completion of follow-up testing.
The materials may also include information on additional employer policies with respect to alcohol and drugs. These additional policies must be clearly identified as based on the employer’s independent authority.
Record retention. The employer is required to maintain the receipt the driver signs certifying the driver has received the materials. A copy of the receipt may be given to the driver. The receipt must be maintained for as long as the driver performs the functions requiring the information and for two years after ceasing to perform those functions.