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Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years.

Document
FMCSA-D&A-382.413-Q02 km_0.docx (22.89 KB)

Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers

Guidance Q&A

Question 2: Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years. No records are discovered that the driver was evaluated by a Substance Abuse Professional (SAP) and has been released by a SAP for return to work. The employer removes the driver immediately from the performance of safety-sensitive duties. Is there a violation of the regulations?

Guidance: Based on the scenario as presented, only the driver is in violation of the rules.

Regulatory Topic: Drug & Alcohol Testing – Positive Test Result Information from Previous Employer
Effective Date: Friday, April 4, 1997
Issued Date: Friday, April 4, 1997