United States Department of Transportation

382.301

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Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties

Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties

Section § 382.305: Random testing.

Guidance Q&A

Question 16: Canadians believe that their laws require...

A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test.

Section § 382.309: Return-to-duty testing.

Guidance Q&A

Question 1: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she...

A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work wi

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 7: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she...

May a Commercial Driver's License (CDL) driving skills test examiner conduct a driving skills test administered in accordance with 49 CFR part 383 before a person subject to part 382 is tested for alcohol and controlled substances?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 6: May a Commercial Driver's License (CDL) driving skills test examiner conduct a driving skills test administered in accordance with 49 CFR part 383 before a person subject to part 382 is tested for alcohol and...

What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 5: What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)?

Guidance: An employer must meet all requirements in §382.301(c)(1) and (2), including...

Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 4: Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work?

Guidance: If...

Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?

Section § 382.301: Pre-employment testing.

Question 3: Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?

Guidance: Yes. A controlled substances test must be administered any...

Must school bus drivers be pre-employment tested after they return to work after summer vacation in each year in which they do not drive for 30 consecutive days?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 2: Must school bus drivers be pre-employment tested after they return to work after summer vacation in each year in which they do not drive for 30 consecutive days?

Guidance: A school bus driver whom...

What is meant by the phrase, "an employer who uses, but does not employ, a driver * * * "? Describe a situation to which the phrase would apply.

Section § 382.301: Pre-employment testing.

Question 1: What is meant by the phrase, "an employer who uses, but does not employ, a driver * * * "? Describe a situation to which the phrase would apply.

Guidance: This exception was contained in the original drug testing...

May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 8: May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Guidance:...