Is an employer required to conduct a pre-employment query of the Clearinghouse for a driver-applicant subject to Part 382 before administering a road test (391.31)?
No. An employer is not required to conduct a pre-employment query of the Clearinghouse before administering a road test to a prospective driver who is subject to 382. Under 382.701(a), employers are required to query the Clearinghouse when hiring a driver to perform safety sensitive functions. The road test occurs before the driver is hired, so employers may conduct a pre-employment query at the time they road test a prospective driver but are not required to do so.
['Drug and Alcohol Testing - DOT']
['Drug and Alcohol Clearinghouse - Motor Carrier']
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