Employee admission policy — Motor Carrier

Scope

This regulation applies to all people who operate a commercial motor vehicle (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 382.121 — Employee admission of alcohol and controlled substances use

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.
• Safety-sensitive function: Drivers are considered to be performing a safety-sensitive function during any period in which they are actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. Safety-sensitive functions shall include:
  • All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
  • All time inspecting equipment as required by 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
  • All time spent at the driving controls of a commercial motor vehicle in operation;
  • All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this sub-chapter);
  • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
  • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Summary of requirements

In order to self-identify, the driver’s admission must follow the steps of the motor carrier’s voluntary self-identification policy. This policy must be in writing and include the following elements:

1. The policy must prohibit the motor carrier from taking adverse action against a driver for making a voluntary admission of alcohol misuse or drug use.
2. The policy must allow the driver sufficient opportunity to seek evaluation, education, or treatment to establish control over the alcohol or drug problem.
3. The policy must permit the driver to return to safety-sensitive functions only upon the successful completion of an educational or treatment program, as determined by an alcohol and drug abuse evaluation expert (employee assistance professional, substance abuse professional, qualified alcohol and drug counselor, etc.)
4. The policy must ensure that before drivers return to safety-sensitive functions they undergo a non-DOT return-to-duty alcohol test with a result of less than 0.02 and/or a non-DOT return-to-duty drug test with a verified negative result.
5. The policy may incorporate monitoring and include non-DOT follow-up testing.

A driver may not self-identify in order to avoid a test required under Part 382 regulations.

The driver must make the admission of alcohol misuse or drug use before performing a safety-sensitive function.

The driver may not perform a safety-sensitive function until the motor carrier is satisfied that the driver has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program’s guidelines.