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A driver who tests positive for drugs, fails an alcohol test, or refuses a regulated alcohol and/or drug test may not perform any safety-sensitive functions, including driving a commercial motor vehicle (CMV), until the driver has completed a return-to-duty process. A driver whose employer has actual knowledge of drug or alcohol use (as defined in 382.107) is also prohibited from performing safety-sensitive functions until the necessary steps are completed.
These regulations apply 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.
In order to return to the performance of safety-sensitive functions, including driving a CMV, a driver must:
A motor carrier is not required to return a driver to safety-sensitive functions because the driver met the return-to-duty requirements. This will be based on company policy and other legal requirements.
Notification of a violation. A driver who has violated the alcohol and drug prohibitions without complying with the return-to-duty and follow-up requirements of Part 40, Subpart O, must notify, in writing, all current employers of such violation(s).
The driver is not required to provide notification to the motor carrier that administered the test or documented the circumstances that gave rise to the violation. The notification must be made before the end of the business day following the day the driver received notice of the violation, or prior to performing any safety-sensitive function, whichever comes first.