49 CFR Part 382
E920173
49 CFR Part 382 is the section of U.S. federal regulations that sets drug and alcohol testing requirements for commercial motor vehicle drivers and their employers.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
Code of Federal Regulations part
ⓘ
U.S. federal regulation ⓘ |
| administeredBy | Federal Motor Carrier Safety Administration NERFINISHED ⓘ |
| appliesTo |
commercial motor vehicle drivers required to hold a commercial driver’s license
ⓘ
employers of commercial motor vehicle drivers ⓘ interstate motor carriers ⓘ intrastate motor carriers when adopted by states ⓘ |
| authority |
49 U.S.C. 31133
ⓘ
49 U.S.C. 31136 ⓘ 49 U.S.C. 31301 et seq. ⓘ 49 U.S.C. 31502 ⓘ |
| codifiedIn | Code of Federal Regulations NERFINISHED ⓘ |
| defines |
prohibited alcohol use by covered drivers
ⓘ
prohibited drug use by covered drivers ⓘ safety-sensitive functions for commercial motor vehicle drivers ⓘ |
| establishes | consequences for drivers who violate drug and alcohol prohibitions ⓘ |
| focusesOn |
alcohol misuse prevention
ⓘ
controlled substances testing ⓘ |
| incorporatesByReference | 49 CFR Part 40 ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalBasis | Omnibus Transportation Employee Testing Act of 1991 NERFINISHED ⓘ |
| linkedTo | FMCSA Drug and Alcohol Clearinghouse regulations ⓘ |
| partOf | Title 49 of the Code of Federal Regulations NERFINISHED ⓘ |
| previouslyAdministeredBy | Federal Highway Administration NERFINISHED ⓘ |
| prohibits |
on-duty use of alcohol by covered drivers
ⓘ
use of controlled substances by covered drivers except as prescribed by a physician ⓘ |
| purpose | to prevent accidents and injuries resulting from misuse of alcohol and use of controlled substances by drivers of commercial motor vehicles ⓘ |
| regulates |
alcohol testing of commercial motor vehicle drivers
ⓘ
drug testing of commercial motor vehicle drivers ⓘ |
| relatesTo | commercial motor vehicle safety ⓘ |
| requires |
employee education on drug and alcohol testing requirements
ⓘ
employer policies on drug and alcohol misuse ⓘ follow-up testing after violations ⓘ maintenance of testing records by employers ⓘ post-accident drug and alcohol testing under specified conditions ⓘ pre-employment drug testing for covered drivers ⓘ random alcohol testing of covered drivers ⓘ random drug testing of covered drivers ⓘ reasonable suspicion alcohol testing ⓘ reasonable suspicion drug testing ⓘ removal from duty for drivers with alcohol concentration of 0.04 or greater ⓘ removal of drivers from safety-sensitive functions after positive tests ⓘ removal of drivers from safety-sensitive functions after test refusals ⓘ return-to-duty testing after violations ⓘ supervisor training on alcohol misuse and drug use indicators ⓘ use of a qualified substance abuse professional for return-to-duty process ⓘ |
| sets |
minimum random alcohol testing rates for employers
ⓘ
minimum random drug testing rates for employers ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.