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Many times someone who only operates a CMV on an occasional or temporary basis may slip through the cracks of a random drug and alcohol testing program, including the required pre-employment drug screen. This could include an owner-operator operating under a carrier’s authority, a seasonal employee, or a leased driver. Even if a dispatcher, manager, mechanic, or warehouse worker drives on an occasional basis, he or she falls under Part 382. This includes a pre-employment drug test given and a confirmed negative result received prior to the first time a safety-sensitive function is performed. These “drivers” need all the other components of Part 382 as well, including: receipt of educational materials, previous employer drug and alcohol checks, and placement in a random selection.
Those existing employees who transfer into a safety-sensitive function from either a non-driving position or a non-CDL driving position must also be pre-employment tested, even though they are technically employed by the carrier.