Dec 12, 20 the legal authority for the departments regulatory action affecting 14 cfr part 382 is 49 u. Owneroperators means a drivers who has been contracted for services with the company. Employers are required to provide educational materials that explain the requirements of 49 cfr part 382. Jan 18, 2019 medicare coverage pdf download medicare part d pdf download medicare part b pdf download 49 cfr manual. Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. Information provided will be verified by carrier as required under various parts of 49 cfr, including part 382 and part 391. Commercial trucks and bus drivers are subject to dot drug and alcohol testing under this regulation as well as 49 cfr part 40. Title 49 subtitle b chapter iii subchapter b part 382 electronic code of federal regulations ecfr. Part 382 federal motor carrier safety administration.
Controlled substances and alcohol testing compliance. Negative returntoduty test results drug and alcohol testing, as applicable completion of followup testing. Unfortunately, this book cant be printed from the openbook. Download it once and read it on your kindle device, pc, phones or tablets. Actual knowledge for the purpose of subpart b of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based. To return to the list of parts, use the parts link above. B with respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 cfr part 27 or regulations implementing the americans with disabilities act, an air carrier subject to the requirements of 14 cfr part 382, or other appropriate party with the concurrence of the administrator. The chp enforces the federal regulations found in title 49, code of federal regulations cfr, part 382. To view interpretations for a different section, click on the menu item. Omaha track to comply fully with 49 cfr part 40 et seq. The alcohol and controlled substances testing program applies to. Refuse to submit to an alcohol or controlled substances test means that a.
Title 49 transportation part 382 controlled substances and alcohol use and testing subtitle b other regulations relating to. All cdl holder employees, in accordance with the dot requirements of 49 cfr part 382. Electronic code of federal regulations ecfr data is current. Transportation list of subjects revised as of january 2, 2020. Monthly title and part user viewing data for the ecfr is available for download in csv format.
Below are the available interpretations for the given section. Our legal authority for regulatory action affecting 49 cfr part 27 is section 504 of the rehabilitation act of 1973, as amended 29 u. Controlled substances and alcohol policy and education. Please contact the inspector training and qualifications division if you have any questions at 4056862310. Use features like bookmarks, note taking and highlighting while reading federal motor carrier safety regulations.
Appendix c cfr 49, part 396, dot inspection requirements. Cdl drivers controlled substance and alcohol policy substance. Dot regulated employers need to be familar with the regulations for the required drug and alcohol testing programs. Part 382 controlled substances and alcohol use and testing subpart ageneral sec. Personnelgeneral army substance abuse program civilian. Certificate of receipt acknowledgement of receiving materials required by 49 cfr part 382. The united states congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the omnibus transportation employee testing act, requiring dot agencies to implement drug and alcohol testing of safetysensitive transportation employees. Developed to the latest dot drug testing regulations, this reasonable suspicion training program helps supervisors gain the knowledge and confidence they need to make reasonable suspicion determinations. Below is a summary of the major provisions of this regulatory action. Title 49 subtitle b chapter iii subchapter b part 382. County philosophy the county believes that it has an obligation and right to have alert, drugalcohol free employees on the job, and must provide a safe work environment.
Through 49 cfr part 40, odapc states how to conduct testing and how to return. Part 37transportation services for individuals with. Commercial drivers license drug and alcohol clearinghouse clearinghouse means the fmcsa database that subpart g of this part requires employers and. Fmcsa federal motor carrier safety administration us drug test. All titles title 49 chapter iii part 382 subpart f alcohol misuse and controlled substances use information, training, and referral view all text of subpart f 382. Part 382 regulations section federal motor carrier safety. The menu to the left provides a full list of sections that have interpretations. State of indiana this is to certify that i have been provided educational materials that explain the requirements of 382. Confirmation test for alcohol testing means a second test, following a screening test with a result of 0.
The purpose of this program is to reduce accidents that result from the use of alcohol andor. The department of transportations dot rule, 49 cfr part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally regulated transportation industry. Overview of drug and alcohol rules what cdl drivers need to know. Electronic code of federal regulations ecfr data is. Department of transportation procedures for transportation workplace drug and alcohol testing programs effective august 1, 2001 as well as 49 cfr part 382 et seq. Fmcsa dot drug testing requires laboratory testing 49 cfr part 40 subpart f. Are part 382 alcohol and drug testing requirements applicable to firefighters in a state which gives them the option of obtaining a cdl or a noncommercial class a or b license restricted to operating fire equipment only. Section 34520 cvc applies those federal regulations to every driver who is required to maintain a commercial driver license to operate a cmv, and to employers of those drivers, as. Fmcsa means the federal motor carrier safety administration. Dotcdl preemployment testing summary of dot requirements. Rods requirements in 49 cfr 395 and must prepare logs on paper, using an automatic on.
The department of transportations dot rule, 49 cfr part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally. For the purposes of these procedures and the companys alcohol and drug abuse policy, owneroperators. Iii 10110 edition operating under the waiver or exemption or participating in the pilot program. Alcohol and drug abuse policy c this information is provided as an example only. Fmcsa regulation 49 cfr part 382 national drug screening. Drug and alcohol policy us dot 49 cfr part 40 and us dot. This policy applies to all east allen county schools corporation employees who are required to hold a commercial drivers license cdl to perform their job function. Each of the following plays a unique role in regulating workplace drug and alcohol testing of safetysensitive employees. Title 49 subtitle b chapter iii subchapter b part 382 electronic code of federal regulations e cfr. Cdl drivers controlled substance and alcohol policy.
As applicable, the following documents must also be maintained in the qualification file. The applicability of part 382 is coextensive with part 383the general cdl requirements. These other regulations also define other controlled substances and address their legal and illegal use, as well as alcohol misuse, and. Whether the driver violated the alcohol and controlled substances prohibitions under 49 cfr 382 or 49 cfr 40. The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of.
Employers and employees subject to the fmcsa cfr part 382 regulations. If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a preemployment controlled substances test. The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. Other regulations issued by the department of transportation appear in 14 cfr chapters i and ii, 23 cfr, 33 cfr chapters i and iv, 44 cfr chapter iv, 46 cfr chapters i through iii, 48 cfr chapter 12, and 49 cfr chapters i through vi. In addition to 49 cfr part 382, there are other federal regulations 49 cfr parts 383, 391, and 392 defined in this policy that cover use, possession, sale, and consump tion of controlled substances. A master copy of these educational materials can be found in the section 11. For example, you may work in the rail industry and later work in the motor carrier industry, but the procedures for collecting, testing and reporting of your tests will be the same under part 40. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or.
The legal authority for the departments regulatory action affecting 14 cfr part 382 is 49 u. Please contact the inspector training and qualifications division if. Iii 10198 edition the number of refusals of random tests required by this part. Apr 15, 2020 all titles title 49 chapter iii part 382 subpart c tests required. The function of 49 cfr 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial motor vehicles. Us dot 49 cfr part 40 and us dot federal motor carrier safety administration fmcsa part 382 adopted by the kootenai county board of county commissioners on november 29, 2016 i.
The documents and links in the menu on the right side bar are designed to give you the most uptodate information on this set of regulations and supporting materials where applicable. Federal motor carrier safety administration fmcsa 49 cfr part 382 is the fmcsa controlled substances and alcohol use and testing regulation. Electronic logging devices and hours of service supporting a users manual for the driver describing how to operate the eld 2. Carrier safety administration fmcsa, under title 49 cfr part 382 and part 40. Procedures for transportation workplace drug and alcohol. Driver means any person who operates a commercial motor vehicle. Parallel table of authorities and rules for the code of federal regulations and the united states code text pdf. The records prepared under this paragraph shall be maintained in accordance with 382. If you need to print pages from this book, we recommend downloading it as a pdf. Failure to complete required areas can place both the applicant and carrier in violation of federal law. Help fulfill the reasonable suspicion training requirements of 49 cfr part 382.