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...

§391.15 Disqualification of drivers

§391.15 Disqualification of drivers.

Question 6: If a driver has his/her privileges to drive a pleasure vehicle revoked or suspended by State authorities, but his/her privileges to operate a CMV are left intact, would the driver be disqualified under the terms set...

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...

Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but does not allow similar effects of alcohol use to be u

Section § 382.307: Reasonable suspicion testing.

Question 2: Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but...

May a reasonable suspicion alcohol test be based upon any information or observations of alcohol use or possession, other than a supervisor’s actual knowledge?

Section § 382.307: Reasonable suspicion testing

Question 1: May a reasonable suspicion alcohol test be based upon any information or observations of alcohol use or possession, other than a supervisor’s actual knowledge?

Guidance: No. Information...

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-...

How long does it take to get an MX number, Certificate of Registration and USDOT Number?

Registration requirement for Mexico-domiciled motor carriers.

FAQ003:  How long does it take to get an MX number, Certificate of Registration and USDOT Number?

Answer:  The time it takes to obtain operating authority varies depending on the application submitted and...

Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Section § 382.105: Testing procedures.

Question 3: Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)?

Guidance:...