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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Is an employer required to conduct a pre-employment query of the Clearinghouse for a driver-applicant subject to 49 CFR Part 382 before administering a road test in accordance with 49 CFR 391.31?

FMCSA-D&A-CLEAR-382.701-FAQ010(2022-01-27)

Part 382 – Controlled Substances and Alcohol Use and Testing

Clearinghouse FAQ

Question: Is an employer required to conduct a pre-employment query of the Clearinghouse for a driver-applicant subject to 49 CFR Part 382 before administering a road test in accordance with 49 CFR 391.31?

Guidance: No. An employer is not required to conduct a pre-employment query of the Clearinghouse before administering a road test to a prospective driver subject to Part 382.  Under 49 CFR 382.701(a), employers are required to query the Clearinghouse when hiring a driver to perform safety sensitive functions. The road test occurs before the driver is hired; therefore, employers may conduct a pre-employment query at the time they road test a prospective driver but are not required to do so.

FMCSA Drug and Alcohol Clearinghouse, 1-844-955-0207

Regulatory Topic: Clearinghouse FAQ

Published Date:  January 27, 2022

Issued Date:  January 27, 2022
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Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way.  This document is intended only to provide information and clarity regarding existing requirements under the law or agency policies.

Regulatory Topic: Controlled Substances and Alcohol Use and Testing
Effective Date: Thursday, January 27, 2022
Issued Date: Thursday, January 27, 2022