May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Section § 382.301: Pre-employment testing.

Question 8: May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Guidance:...

What is the difference between a full and limited query?

Guidance on the difference between limited and full Clearinghouse queries

What is the difference between a full and limited query?

A limited query allows an employer to determine if an individual driver’s Clearinghouse record has any...

How should a random testing program be structured to account for the schedules of school bus or other drivers employed on a seasonal basis?

How to structure random testing program to account for the schedules of school bus or other drivers employed who work on a seasonal basis

Section § 382.305: Random testing.

Question 3: How should a random testing program be structured to account...

Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a Commercial Motor Vehicle (CMV) or may a pharmacist’s advice or precautions printed on a container suffice for the adv

Section § 382.213: Controlled substance use.

Question 1: Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a Commercial Motor Vehicle (CMV) or may a pharmacist’s advice or...

When will an employer be notified of changes to a driver’s Clearinghouse record?

NOTE: This guidance was rescinded on March 9, 2023, and is no longer in effect.  Please see revised guidance FMCSA-D&A-CLEAR-382.701-FAQ002(2023-03-09).

FMCSA-D&A-CLEAR-382.701-FAQ002

Guidance on when an employer will be...

What is meant by the terms "use alcohol" or "alcohol use"? Is observation of use sufficient or is an alcohol test result required?

Section § 382.205: On-duty use.

Question 1: What is meant by the terms "use alcohol" or "alcohol use"? Is observation of use sufficient or is an alcohol test result required?

Guidance: The term "alcohol use" is defined in §382.107. The employer is...

Is the annual requirement for employee queries based upon the calendar year or by hire date?

NOTE: This guidance was rescinded on March 9, 2023, and is no longer in effect.  Please see revised guidance FMCSA-D&A-CLEAR-382.701-FAQ001(2023-03-09).

FMCSA-D&A-CLEAR-382.701-FAQ001

Guidance on Clearinghouse Annual...

Can a driver correct information recorded about him or her in the Clearinghouse?

Guidance on correcting information in the Clearinghouse

Can a driver correct information recorded about him or her in the Clearinghouse?

Yes. The final rule provides a petition process for drivers to request corrections to their...

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...