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Historical textIn force on Oct. 1, 2004Source: annual CFR editions 2004–2012

§ 382.403 Reporting of results in a management information system.

Wording in the annual edition revised as of Oct. 1, 2004, superseded by the 2013 annual edition.

govinfo, 2004 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2004 edition's wording. An amendment that took effect between Oct. 1, 2004 and Oct. 1, 2004 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2001 wording → Oct. 1, 2004 wording+229 added−860 removedHide

(a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.
(b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The reportemployer shallmust beuse in the formManagement andInformation mannerSystem prescribed(MIS) byform theand FMCSAinstructions inas itsrequired request. When the report is submitted to the FMCSA by mail49 orCFR electronicpart transmission,40 the(at information§ requested shall be typed, except for the signature of the certifying official40.26 Each employer shall ensure the accuracy and timelinessappendix ofH eachto reportpart submitted by the employer or a consortium.
(c40) Detailed summary. EachThe annualemployer calendarmay yearalso summaryuse that contains information on a verified positive controlled substances test result, an alcohol screening test result of 0.02 or greater, or any other violation of the alcoholelectronic misuseversion provisions of subpart B of this part shall include the followingMIS informationalform elements:
(1)provided Numberby of drivers subject to this part;
(2) Number of drivers subject to testing under the alcohol misuse or controlled substances use rules of more than one DOT. agency,The identifiedAdministrator bymay eachdesignate agency;
(3)means Number of urine specimens collected by type of test (e.g., pre-employment,electronic random,program reasonabletransmitted suspicion,via post-accident);
(4)the Number of positives verified by a MRO by type of testInternet), andother typethan of controlled substance;
(5) Number of negative controlled substance tests verified by a MRO by type of test;
(6) Number of persons denied a position as a driver following a prehard-employmentcopy, verifiedfor positiveMIS controlledform substances test and/or a pre-employment alcohol test that indicates an alcohol concentration of 0submission.04 orFor greater;
(7)information Numberon of drivers with tests verified positive by a medical review officer for multiple controlled substances;
(8) Number of drivers who refused to submit to an alcohol or controlled substances test required under this subpart, including those who submitted substituted or adulterated specimens;
(9)(i) Number of supervisors who have received required alcohol training during the reportingelectronic period;version and
(ii) Number of supervisors who have received required controlled substances training during the reporting period;
(10)(i) Number of screening alcohol tests by type of test; and
(ii) Number of confirmation alcohol testsform, by type of test;see:
(11) Number of confirmation alcohol tests indicating an alcohol concentration of 0 http://www.02 or greater but less than 0fmcsa.04, by type of test;
(12) Number of confirmation alcohol tests indicating an alcohol concentration of 0dot.04 or greater, by type of test;gov/safetyprogs/drugs/engtesting.htm.
(13c) NumberWhen ofthe driversreport whois weresubmitted returned to duty (having complied with the recommendationsFMCSA ofby amail substanceor abuseelectronic professional as described in § 382.503 and part 40transmission, subpartthe Oinformation ofrequested thisshall title),be in this reporting periodtyped, whoexcept previously:
(i)for Had a verified positive controlled substance test result, or
(ii) Engaged in prohibited alcohol misuse under the provisionssignature of this part;
(14) Number of drivers who were administered alcohol and drug tests at the samecertifying time, with both a verified positive drug test result and an alcohol test result indicating an alcohol concentration of 0official.04 or greater; and
(15) Number of drivers who were found to have violated any non-testing prohibitions of subpart B of this part, and any action taken in response to the violation.
(d) Short summary. Each employer's annualshall calendarensure yearthe summaryaccuracy that contains only negative controlled substance test results, alcohol screening test results of less than 0.02, and doestimeliness not contain any other violations of subparteach Breport ofsubmitted this part, may prepare and submit, as required by paragraph (b) of this section, either a standard report form containing all the informationemployer elements specified in paragraph (c) of this section, or ana “EZ” report formconsortium. The “EZ” report shall include the following information elements:
(1d) NumberIf ofyou drivershave subjecta tocovered thisemployee part;
(2)who Numberperforms of drivers subject to testing under the alcohol misuse or controlled substance use rules of more than one multi-DOT agency, identifiedfunctions by each agency;
(3) Number of urine specimens collected by type of test (e.g., pre-employment,an random,employee reasonabledrives suspicion, post-accident);
(4) Number of negatives verified by a medicalcommercial reviewmotor officervehicle byand typeperforms ofpipeline test;
(5)maintenance Numberduties offor driversthe whosame refused to submit to an alcohol or controlled substances test required under this subpartemployer), includingcount those who submitted substituted or adulterated specimens;
(6)(i) Number of supervisors who have received required alcohol training during the reportingemployee period;only and
(ii)on Number of supervisors who have received required controlled substances training during the reportingMIS period;
(7)report Numberfor of screen alcohol tests by type of test; and
(8) Number of drivers who were returned to duty (having complied with the recommendationsDOT ofagency aunder substancewhich abusehe professionalor asshe describedis inrandomly § 382tested.503 and part 40Normally, subpart O, of this title),will inbe this reporting period, who previously:
(i) Had a verified positive controlled substance test result, or
(ii) Engaged in prohibited alcohol misuse under the provisions of this part.
(e) Each employer that is subject to more than one DOT agency alcoholunder orwhich controlled substances rule shall identify each driver covered by the regulationsemployee ofperforms more than one50% DOT agency. The identification will be by the total number of coveredhis functions. Prior to conducting any alcohol or controlledher substancesduties. testEmployers onmay ahave driver subject to explain the rulestesting ofdata morefor thanthese oneemployees DOTin agency, the employerevent shallof determinea which DOT agency ruleinspection or rulesaudit.
(e) authorizesA orservice requiresagent the test(e.g., TheConsortia/Third testparty resultadministrator informationas shalldefined bein directed49 toCFR the appropriate DOT agency or agencies382.
(f107) A C/TPA may prepare annualthe calendarMIS yearreport summaries and reports on behalf of individualan employersemployer. forHowever, purposesa ofcompany complianceofficial with this section(e. Howeverg., eachDesignated employer shallrepresentative) signmust andcertify submitthe suchaccuracy aand reportcompleteness andof shallthe remainMIS responsiblereport, forno ensuringmatter thewho accuracyprepares andit.
[66 timelinessFR of43103, eachAug. report17, prepared2001, onas itsamended behalfat by68 aFR C/TPA75459, Dec. 31, 2003]

49 CFR § 382.403 — Reporting of results in a management information system.. Text in force on October 1, 2004. This wording effective October 1, 2004 to October 1, 2013. Source: govinfo, 2004 edition, https://www.govinfo.gov/app/details/CFR-2004-title49-vol4/CFR-2004-title49-vol4-sec382-403. Retrieved from FMCSR.com, https://fmcsr.com/reg/382.403?asof=2004-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.

(b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The employer must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40). The employer may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form submission. For information on the electronic version of the form, see: http://www.fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm.

(c) When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall be typed, except for the signature of the certifying official. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium.

(d) If you have a covered employee who performs multi-DOT agency functions (e.g., an employee drives a commercial motor vehicle and performs pipeline maintenance duties for the same employer), count the employee only on the MIS report for the DOT agency under which he or she is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50% of his or her duties. Employers may have to explain the testing data for these employees in the event of a DOT agency inspection or audit.

(e) A service agent (e.g., Consortia/Third party administrator as defined in 49 CFR 382.107) may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated employer representative) must certify the accuracy and completeness of the MIS report, no matter who prepares it.

[66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003]

Amendment history

9 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 83 FR 22875, May 17, 2018; 88 FR 27653, May 2, 2023; 88 FR 80181, Nov. 17, 2023]
  2. June 1, 2023 → Nov. 17, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 83 FR 22875, May 17, 2018; 88 FR 27653, May 2, 2023]
  3. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 83 FR 22875, May 17, 2018]
  4. June 18, 2018 → May 2, 2023eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 83 FR 22875, May 17, 2018]
  5. May 17, 2018 → June 18, 2018eCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013]
  6. Oct. 1, 2013 → May 17, 2018annual editions 2013–2016diff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013]
  7. Oct. 1, 2004 → Oct. 1, 2013annual editions 2004–2012diff vs. previousviewing
    [66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003]
  8. Oct. 1, 2001 → Oct. 1, 2004annual editions 2001–2003diff vs. previous
  9. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.