If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?

Section § 382.121: Employee admission of alcohol and controlled substances use.

Question 1: If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?

Guidance: In order for the exception in §382.121...

In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing?

Section § 382.115: Starting date for testing programs.

Question 1: In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of...

Must a notice be given before each test or will a general notice given to drivers suffice?

Section § 382.113: Requirement for notice.

Question 1: Must a notice be given before each test or will a general notice given to drivers suffice?

Guidance: A driver must be notified before submitting to each test that it is required by part 382. This...

What is an owner-operator?

Section § 382.107: Definitions.

Question 1: What is an owner-operator?

Guidance: The Federal Motor Carrier Safety Administration (FMCSA) neither defines the term "owner-operator" nor uses it in regulation. The FMCSA regulates "employers" and "drivers...

Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication?

Section § 382.105: Testing procedures.

Question 4: Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-...

A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer representative identify the driver via a telephone

Section § 382.105: Testing procedures.

Question 2: A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer...

Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in §382.107 subjecting the driver to random alcohol testing?

Guidance on whether a driver who is on-duty, but has not been assigned a driving task, is considered to be ready to perform a safety-sensitive function

Section § 382.305: Random testing.

Question 1: Is a driver who is on-duty, but has not been...

What does a Breath Alcohol Technician (BAT) do when a test involves an independent, self-employed owner-operator with a confirmed alcohol concentration of 0.02 or greater, to notify a company representative as required by §40.65(i)?

Section § 382.105: Testing procedures.

Question 1: What does a Breath Alcohol Technician (BAT) do when a test involves an independent, self-employed owner-operator with a confirmed alcohol concentration of 0.02 or greater, to notify a company representative as...

What alcohol and drug testing provisions apply to foreign drivers employed by foreign motor carriers?

Section § 382.103: Applicability.

Question 9: What alcohol and drug testing provisions apply to foreign drivers employed by foreign motor carriers?

Guidance: Foreign employers are subject to the alcohol and drug testing requirements in part 382 (see §...

Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations?

Section § 382.103: Applicability.

Question 8: Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled...