Pre-employment testing

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 382.301 — Pre-employment testing

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

The motor carrier must notify the driver either orally or in writing that the pre-employment drug test is required under the regulations.

Once the motor carrier receives a negative result from the medical review officer (MRO), the driver may drive or perform other safety-sensitive functions.

Motor carriers must notify a driver of the result of a drug test conducted under the regulations, if the driver requests the results within 60 days of being notified of the disposition of the employment application.

Exceptions. A motor carrier is not required to administer a pre-employment drug test if the following conditions are met:

• The driver participated in a drug testing program meeting the requirements of this rule within the previous 30 days;
• While participating in this program, the driver was tested for controlled substances in the previous six months (from the date of application with the motor carrier), or participated in a random drug testing program in the previous 12 months (from the date of application with the motor carrier); and
• The motor carrier ensures that no prior employer of the driver has a record of violations of any Department of Transportation (DOT) controlled substance use rule for the driver in the previous six months.

To use this exception, the motor carrier must contact the testing program prior to using the driver and obtain the following information:

• The name and address of the program (this is generally the driver’s prior and/or current employer);
• Verification that the driver participates or participated in the program;
• Verification that the program conforms to the required procedures set forth in 49 CFR Part 40;
• Verification that the driver is qualified under this rule, including that the driver has not refused to submit to an alcohol or drug test;
• The date the driver was last tested for alcohol and drugs; and
• The results of any drug or alcohol test administered in the previous six months, and any violations of the alcohol misuse or drug rules.

A motor carrier who uses a driver more than once a year, but does not employ the driver, must obtain the information listed above at least once every six months, verifying that the driver participates in an alcohol and drug testing program that meets the requirements of the regulations.

Alcohol testing. A pre-employment alcohol test is not required under Part 382 regulations, but a motor carrier may conduct this type of test if the following criteria are met:

• The test must be conducted before the driver performs any safety-sensitive functions;
• The motor carrier must treat all employees performing safety-sensitive functions the same (the motor carrier may not test some employees and not others);
• The test must be conducted after the motor carrier makes a contingent offer of employment or transfer, subject to the driver passing the test;
• All tests must follow Part 40 procedures; and
• The driver may not perform safety-sensitive functions if the test result is 0.04 or more.