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...

The Federal Motor Carrier Administration (FMCSA)regulations are written on an annual calendar year basis. Will foreign motor carriers, using this system, work from July 1 to June 30, or is everything to be managed on a six-month basis for the first year a

Section § 382.403: Reporting of results in a management information system

Question 1: The Federal Motor Carrier Administration (FMCSA)regulations are written on an annual calendar year basis. Will foreign motor carriers, using this system, work from July 1 to June...

Many small school districts are affiliated through service units which are, in essence, a coalition of individual districts. Can these school districts have one common confidant for purposes of receiving results and keeping records?

Section § 382.401: Retention of records.

Question 1: Many small school districts are affiliated through service units which are, in essence, a coalition of individual districts. Can these school districts have one common confidant for purposes of receiving results...

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.

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...

Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?

Section § 382.307: Reasonable suspicion testing.

Question 4: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?

Guidance: No. The...