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§ 382.303 Post-accident testing. (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safe…

…Specimen Results Reported (Total Number) By Test Reason (a) Pre-employment (number) (b) Post-Accident (number) (c) Random (number) (d) Reasonable Suspicion/Cause (number) (e) Return-to-Duty (number) (f) Follow-up (number) (g) Type of Test Not Noted on CCF (num…

…conducting collections) employers with other types of testing ( e.g., pre-employment, post-accident, reasonable suspicion, return-to-duty, and follow-up). (b) You may combine employees from more than one employer or one transportation industry in a random pool…

…alcohol test. Collectors and BATs should work together, however, to ensure that post-accident and reasonable suspicion alcohol tests happen as soon as possible ( e.g., by moving the employee to the head of the line for alcohol tests). (2) If the employee needs…

…PHMSA, or USCG 3. Test Reason —Pre-Employment, Random, Reasonable Suspicion/Cause, Post-Accident, Return-to-Duty, Other, and Follow-up A. DOT Specimen Results Reported (total number) B. Negative Results Reported (total number) 1. Negative (number) 2. Negative-…

§ 382.209 Use following an accident. No driver required to take a post-accident alcohol test under § 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

…paragraph (c) is not readily available, this part allows a reasonable suspicion or post-accident test to be conducted at a site that partially meets these requirements. In this case, the site must afford visual and aural privacy to the employee to the greatest…

…on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance. —Negative return-to-duty test results (drug and alcohol testing, as applicable) —Completion of follow-up testing. Servic…

…you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. These are duties the actual employer cannot delegate to a C/TPA. You may, however, provide advice and informat…

…will be tested for alcohol and/or controlled substances under this part, including post-accident testing under § 382.303; (6) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity o…

…supersede or conflict with the implementation of the Federal Railroad Administration's post-accident testing program (see 49 CFR 219.200).

…Board as part of an accident investigation, you must provide information concerning post-accident tests administered after the accident. (e) If requested by a Federal, state or local safety agency with regulatory authority over you or the employee, you must pr…

…Regulations. § 382.115(a) Failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier) (acute). § 382.115(b) Failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier) (acute).…

…mistake or as the only means to conduct a test under difficult circumstances ( e.g., post-accident or reasonable suspicion test with insufficient time to obtain the CCF), uses a non-Federal form for a DOT collection, the use of a non-Federal form does not pres…

…e.g., an injured employee in an emergency medical facility who is required to have a post-accident test), do not delay this treatment to conduct a test. (c) Require the employee to provide positive identification. You must see a photo ID issued by the employer…

…litigation following a truck or bus collision, the court could determine that a post-accident drug test result of an employee is relevant to determining whether the driver or the driver's employer was negligent. The employer is authorized to respond to the cou…

§ 40.40 What form is used to document a DOT collection? (a) The Federal Drug Testing Custody and Control Form (CCF) must be used to document every collection required by the DOT drug testing program. You may view this form on the Department's website ( https:/…

…controlled substances tests; (vi) Documents generated in connection with decisions on post-accident tests; (vii) Documents verifying existence of a medical explanation of the inability of a driver to provide adequate breath or to provide a urine or oral fluid…

…Employers must disclose information related to the employer's administration of a post-accident alcohol and/or a controlled substances test administered following the crash under investigation; and (2) FMCSA will provide access to information in the Clearingho…

…submit to a pre-employment controlled substance test required under § 382.301, a post-accident alcohol or controlled substance test required under § 382.303, a random alcohol or controlled substances test required under § 382.305, a reasonable suspicion alcoho…

…mistake, or as the only means to conduct a test under difficult circumstances ( e.g., post-accident test with insufficient time to obtain the ATF), uses a non-DOT form for a DOT test, the use of a non-DOT form does not, in and of itself, require the employer o…

…employer shall notify a driver of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this part if the test results are verified positive. The employer shall also inform the driver which controlled subs…

…safety management programs; (2) Verification of a controlled substances and alcohol testing program consistent with part 40 of this title; (3) Verification of the carrier's system of compliance with hours-of-service rules in part 395 of this subchapter, includ…

…reason, as appropriate: Pre-employment; Random; Reasonable Suspicion/Reasonable Cause; Post-Accident; Return-to-Duty; and Follow-up. (i) Whether the test is to be observed or not (see § 40.67 of this part). (j) (Optional) C/TPA name, address, phone, and fax nu…

…drugs or alcohol required under this part. (d) The driver used alcohol prior to a post-accident alcohol test in violation of § 382.209. (e) An employer has actual knowledge, as defined at § 382.107, that a driver has: (1) Used alcohol while performing safety-s…

…safety management programs; (2) Verification of a controlled substances and alcohol testing program consistent with part 40 of this title; (3) Verification of the carrier's system of compliance with hours-of-service rules in part 395 of this subchapter, includ…

…Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver h…

…period of at least 60 consecutive days. (k) Drivers convicted of fraud related to the testing and issuance of a CLP or CDL. (1) The State must have policies in effect that result, at a minimum, in the disqualification of the CLP or CDL of a person who has been…

…must instruct the collector to note on the CCF the same reason ( e.g., random test, post-accident test) and DOT Agency (e.g., check DOT and FMCSA) as for the original collection. (5) You must ensure that the collector conducts the collection under direct obser…

…employee ID No.; (3) Reason for the test, if indicated on the CCF (e.g., random, post-accident); (4) Date of the collection; (5) Date you received Copy 2 of the CCF; (6) Result of the test (i.e., positive, negative, dilute, refusal to test, test cancelled) and…

…maintenance; (d) Accident register; and (e) Controlled substances and alcohol use and testing requirements.

…the Administrator has not determined that the commercial motor vehicle operator testing and licensing standards of that jurisdiction meet the standards contained in subparts G and H of this part, provided the applicant provides the evidence of lawful immigrati…

…if necessary. The training providers must instruct driver-trainees in post-crash testing requirements related to controlled substances and alcohol. Unit A1.5.6 External Communications This unit must teach driver-trainees the value of effective interpersonal co…

…behavior or physical characteristics sufficient to warrant reasonable suspicion testing under § 382.307. As used in this section, “traffic citation” means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or con…

…the subject of a random test, or directed her to take a reasonable suspicion or post-accident test without proper grounds under a DOT agency drug or alcohol regulation, you must inform the employee that you cannot play a role in deciding these issues. (d) It i…

…if necessary. The training providers must instruct driver-trainees in post-crash testing requirements related to controlled substances and alcohol. Unit B1.5.6 External Communications This unit must instruct driver-trainees in the value of effective interperso…

…negative return-to-duty test; and (7) An employer's report of completion of follow-up testing. (c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraph (a) or (b) of this sectio…

…as to whether the employee has demonstrated successful compliance; (9) Follow-up testing plan; (10) Employee's continuing care needs with specific treatment, aftercare, and/or support group services recommendations; and (11) SAP's telephone number. (e) The SAP…

…the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to § 383.51 or § 392.5(a)(2) of this subchapter. Electronic device includes, but is not limited t…

…the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to § 383.51 or § 392.5(a)(2) of this subchapter. Electronic device includes, but is not limited t…

…application, in a safety-sensitive function that required alcohol and controlled substance testing specified by 49 CFR part 40. (1) Whether, within the previous three years, the driver had violated the alcohol and controlled substances prohibitions under subpa…

…site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and (9) Per…

…function in any DOT regulated mode subject to alcohol and controlled substances testing requirements as required by 49 CFR part 40; (11) For those drivers applying to operate a commercial motor vehicle as defined by part 383 of this subchapter, a list of the n…

…influence of alcohol, as prescribed by State law; or (C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 391.15(c)(2)(i) (A) or (B), or § 392.5(a)(2). (ii) Driving a commercial motor vehicle under the influen…

…paragraphs (e) (2) and (3) of this section: (i) The knowledge tests standards for testing procedures and methods of subpart H, but must continue to administer knowledge tests that fulfill the content requirements of subpart G for all applicants; (ii) All the s…

§ 382.305 Random testing. (a) Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. (b)(1) Except as provided in paragraphs (c) through (e) o…

§ 382.105 Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol o…

§ 382.301 Pre-employment testing. (a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in…

§ 384.201 Testing program. (a) The State shall adopt and administer a program for testing and ensuring the fitness of persons to operate commercial motor vehicles (CMVs) in accordance with the minimum Federal standards contained in part 383 of this title. (b)…

§ 383.75 Third-party testing. (a) Third-party tests. A State may authorize a third-party tester to administer the skills tests as specified in subparts G and H of this part, if the following conditions are met: (1) The skills tests given by the third party are…