Is it permissible to make random selections by terminals?

Guidance on making random selection be terminals

Section § 382.305: Random testing.

Question 7: Is it permissible to make random selections by terminals?

Guidance: Yes. If random selection is done based on locations or terminals, a two-stage...

May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test?

Section § 382.303: Post-accident testing.

Question 2: May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test?

Guidance: Yes. A driver may...

What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)?

Guidance on Maintaining Employer Records

What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)?

As of January 6, 2020, employers are required to conduct both...

Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not allow a Federal, State or local law enforc

Section § 382.303: Post-accident testing.

Question 1: Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not...

Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year?

Guidance that the names of drivers tested earlier in the year must be returned to the pool for each new selection

Section § 382.305: Random testing.

Question 6: Once an employee is randomly tested during a calendar year, is his/her name removed from the...

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.

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.

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.

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.

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...

May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver is used by the employer only occasionally?

Using another’s program to satisfy random testing requirements

Section § 382.305: Random testing.

Question 5: May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver...