Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years.

Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers

Question 2: Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances...

What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent?

Section § 382.413: Inquiries for alcohol and controlled substances information from previous employers.

Question 1: What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written...

What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?

Section § 382.405: Access to facilities and records.

Question 5: What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results?

Guidance: The...

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.

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

May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other proceeding (including, but not limited to, worker’s compens

Section § 382.405: Access to facilities and records.

Question 4: May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other...

May an employer or consortium include non-U.S. Department of Transportation (DOT)-covered employees in a random pool with U.S. Department of Transportation (DOT)-covered employees?

Employers placing non-DOT -covered employees in a random pool

Section § 382.305: Random testing.

Question 15: May an employer or consortium include non-U.S. Department of Transportation (DOT)-covered employees in a random pool with U.S. Department of...

May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all employees actually tested?

Section § 382.405: Access to facilities and records.

Question 3: May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all...

Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is

Section § 382.405: Access to facilities and records.

Question 2: Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an...

How should an employer compute the number of random tests to be given to ensure that the appropriate testing rate is achieved given the fluctuations in driver populations and the high turnover rate of drivers?

Guidance on how to account for fluctuations in driver population when computing the number of random tests to be given

Section § 382.305: Random testing.

Question 14: How should an employer compute the number of random tests to be given to ensure that the...

May employers who are subject to other Federal agencies’ regulations, such as the Nuclear Regulatory Commission, Department of Energy, Department of Defense, etc., allow those agencies to view or have access to test records required to be prepared and mai

Section § 382.405: Access to facilities and records.

Question 1: May employers who are subject to other Federal agencies’ regulations, such as the Nuclear Regulatory Commission, Department of Energy, Department of Defense, etc., allow those agencies to view or have...