- § 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.
Part 382Below is a the available guidance 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 guidance. To view guidance 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 the regulations for Part 382
Guidance for § 382.601: Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials re quired in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the certificate of receipt indicating that the employee refused to sign?
Guidance: he employer is responsible for ensuring that each driver signs a statement certifying that he or she has received a copy of the materials required in §382.601. The employer is required to maintain the original of the signed certificate and may provide a copy to the driver. The employer would be in violation if it uses a driver, who refuses to comply with §382.601, to perform any safety sensitive function, because §382.601 is a requirement placed on the employer. The employee would not be in violation if he or she drove without signing for the receipt of the policy. It is not permissible for the driver’s supervisor to sign the certificate of receipt; however, it is advisable for the employer to note the attempt, the refusal, and the consequences of such action. Also, please note that the signing of the policy by the employee is in no way an acknowledgment that the policy itself complies with the regulations.
Question 2: Does §382.601 require employers to provide educational materials and policies and procedures to drivers after the initial distribution of required educational materials?