- § 382.103
- § 382.107
- § 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
- § 382.213
Controlled substance use.
- § 382.301
- § 382.303
- § 382.305
- § 382.307
Reasonable suspicion testing.
- § 382.309
- § 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
- § 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.
Section § 382.503: Required evaluation and testing.Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
View regulations for Part 382
Question 1: If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 alcohol concentration without having been evaluated by a substance abuse professional (SAP), may the motor carrier accept the subsequent test results and ignore the requirement to refer the driver to an SAP for evaluation and possible treatment?
No. A motor carrier must have a report from an SAP showing that the driver has been evaluated and may return to work because he or she:
- (1) Does not need treatment;
- (2) Needs part-time outpatient treatment, but may continue to drive while being treated on his or her off duty time; or
- (3) Needed full-time outpatient or inpatient treatment, has received such treatment, and is ready to return to driving.
The driver must also pass a return to duty controlled substances or alcohol test that complies with all of the requirements of parts 40 and 382.