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  • § 382.101
    Purpose.
  • § 382.103
    Applicability.
  • § 382.105
    Testing procedures.
  • § 382.107
    Definitions.
  • § 382.109
    Preemption of State and local laws.
  • § 382.111
    Other requirements imposed by employers.
  • § 382.113
    Requirement for notice.
  • § 382.115
    Starting date for testing programs.
  • § 382.117
    Public interest exclusion.
  • § 382.119
    Stand-down waiver provision.
  • § 382.121
    Employee admission of alcohol and controlled substances use.
  • § 382.201
    Alcohol concentration.
  • § 382.205
    On-duty use.
  • § 382.207
    Pre-duty use.
  • § 382.209
    Use following an accident.
  • § 382.211
    Refusal to submit to a required alcohol or controlled substances test.
  • § 382.213
    Controlled substance use.
  • § 382.215
    Controlled substances testing.
  • § 382.301
    Pre-employment testing.
  • § 382.303

    Post-accident testing.

  • § 382.305
    Random testing.
  • § 382.307
    Reasonable suspicion testing.
  • § 382.309
    Return-to-duty testing.
  • § 382.311
    Follow-up testing.
  • § 382.401
    Retention of records.
  • § 382.403
    Reporting of results in a management information system.
  • § 382.405
    Access to facilities and records.
  • § 382.407
    Medical review officer notifications to the employer.
  • § 382.409
    Medical review officer record retention for controlled substances.
  • § 382.411
    Employer notifications.
  • § 382.413
    Inquiries for alcohol and controlled substances information from previous employers.
  • § 382.501
    Removal from safety-sensitive function.
  • § 382.503
    Required evaluation and testing.
  • § 382.505
    Other alcohol-related conduct.
  • § 382.507
    Penalties.
  • § 382.601
    Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
  • § 382.603
    Training for supervisors.
  • § 382.605
    Referral, evaluation, and treatment.

Part 382
CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

§ 382.103: Applicability.

(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:
(1) The commercial driver's license requirements of part 383 of this subchapter;
(2) The Licencia Federal de Conductor (Mexico) requirements; or
(3) The commercial drivers license requirements of the Canadian National Safety Code.
(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.
(c) The exceptions contained in § 390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section.
(d) Exceptions. This part shall not apply to employers and their drivers:
(1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or
(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(i) Operators of a farm vehicle which is:
(A) Controlled and operated by a farmer;
(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(C) Not used in the operations of a common or contract motor carrier; and
(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.
(4) Who operate “covered farm vehicles,” as defined in 49 CFR 390.5.

Citation: [66 FR 43103, Aug. 17, 2001, as amended at 78 FR 16194, Mar. 14, 2013]

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.