Interpretations Browser
- § 382.103
Applicability. - § 382.107
Definitions. - § 382.109
Preemption of State and local laws. - § 382.113
Requirement for notice. - § 382.115
Starting date for testing programs. - § 382.121
Employee admission of alcohol and controlled substances use. - § 382.205
On-duty use. - § 382.213
Controlled substance use. - § 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. - § 382.401
Retention of records. - § 382.403
Reporting of results in a management information system. - § 382.405
Access to facilities and records. - § 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. - § 382.507
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
Section § 382.109: Preemption of State and local laws.
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View regulations for Part 382
Question 1: An employer is required by State or local law, regulation, or order to bargain with unionized employees over discretionary elements of the U.S. Department of Transportation (DOT) alcohol and drug testing regulations (e.g., selection of DHHS-approved laboratories or Medical Review Officer (MRO)s). May the employer defer the 1995 or 1996 implementation dates for testing employees until the collective bargaining process has produced agreement on these discretionary elements, or must the employer implement testing as required by part 382?
Guidance: The Federal Highway Administration (FHWA) provided large employers 45 weeks and small employers 97 weeks collectively to bargain the discretionary elements of the part 382 testing program. An employer must implement alcohol and controlled substances testing in accordance with the schedule in §382.115. If observance of the collective bargaining process would make it impossible for the employer to comply with these deadlines, §382.109(a)(1) preempts the State or local bargaining requirement to the extent needed to meet the implementation date.