Part 382 prohibited conduct controlled substance alcohol prohibited conduct steps this should only be used as a guide to help the motor carrier through the process, please refer to. Part 382 regulations section federal motor carrier safety. Policy and the requirements of 49 cfr part 40 and 49 cfr part 382, respectively. Title 49 transportation part 382 controlled substances and alcohol use and testing subpart d handling of test results, records retention, and confidentiality section 382. Please complete this form and mail it to the above address. The code of federal regulations cfr annual edition is the codification of the general and permanent rules published in the federal register by the departments and agencies of the federal government produced by the office of the federal register ofr and the government publishing office download the code of federal regulations in xml download the electronic code of federal. Us cfr 49 part 382 air carrier access act operations guidance manual issue 1 page 6 jun17 acaa part 382 subparts part 382 is divided into 11 subparts sectionstopics and 2 appendices additional information subpart a general provisions subpart b nondiscrimination and access to. I understand that a negative drug test is required before i will be permitted to perform safetysensitive duties. Electronic code of federal regulations ecfr data is current.
These regulations are found in title 49 of the code of federal regulations cfr, parts 40, 382, 392. File an update within the first year of operations and then every 24 months or when vital company information changes. Title 49 transportation part 382 controlled substances and alcohol use and testing subtitle b other regulations relating to. I acknowledge, that i have the right to due process as identified in 49cfr 391. Part 382 requires or authorizes drug and alcohol testing only of those drivers required by part 383 to obtain a cdl.
In consideration of the foregoing, fmcsa amends 49 cfr chapter iii, parts 382, 383, and 384, as follows. A person must certify that heshe operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 cfr 390. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part. Since the vehicles described above do not meet the definition of a commercial motor vehicle cmvs in part 383, their drivers are not required by federal regulations to have a cdl. This policy applies to all east allen county schools corporation employees who are required to hold a commercial drivers license cdl to perform their job function. Your browser does not currently recognize any of the video formats available. Do all drivers hold valid cdl licenses as needed with the proper endorsements based on the vehicle size and commodity transported. The code of federal regulations cfr annual edition is the codification of the general and permanent rules published in the federal register by the departments and agencies of the federal government the online cfr is a joint project authorized by the publisher, the national archives and records administrations nara office of the federal register. Part 382 federal motor carrier safety administration.
Dots accessibility rules under the air carrier access act 14 cfr part 382. The summary highlights of fmcsa 49 cfr part 382 include. I authorize release of the information contained on this form as required under 49 cfr 40. The e cfr is an editorial compilation of cfr material and federal register amendments produced by the national archives and records administrations office of the federal. The use, possession, sale, purchase or transfer of unauthorized or illegal drugs or. Subpart f alcohol misuse and controlled substances use information, training, and referral 382. Commercial trucks and bus drivers are subject to dot drug and alcohol testing under this regulation as well as 49 cfr part 40. Part 37transportation services for individuals with. May 07, 2020 the electronic code of federal regulations e cfr is a currently updated version of the code of federal regulations cfr.
Controlled substances and alcohol testing, chp 800j. B with respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 cfr part 27 or regulations implementing the americans with disabilities act, an air carrier subject to the requirements of 14 cfr part 382, or other appropriate party with the concurrence of the administrator. Please note that written consent must be obtained from the employee each time part 382 information is provided to a ctpa, the consent must be specific to the individual or entity to whom information is being provided, and that. The fmcsa requires the employer to test as soon as practicable following an accident involving a commercial motor vehicle on a public road in commerce, each of its surviving drivers. Start part part 382controlled substances and alcohol use and testing end.
Please type, write legibly, or print, in black ink. Refuse to submit to an alcohol or controlled substances test means that a driver. Safety audit checklist motor carriers general information. Do you have an employment application for every driver. Supervisors and responsible officials will receive the required training in order to allow them to make reasonable suspicion testing decisions. Iii 10198 edition the number of refusals of random tests required by this part. Electronic code of federal regulations ecfr data is.
Do you have a current and complete driver qualification file for every driver. The rules in this part apply to all operators of lcvs in interstate commerce, employers of such persons, and lcv driverinstructors. Federal register extension of compliance date for states. At this time, it is not possible to download entire editions or complete titles of the code of federal regulations cfr on fdsys as a single pdf file unless the whole title is comprised of a single bookvolume. Do you have a single pdf file for the entire edition or full titles of the code of federal regulations. In these uncertain times, assuredpartners has assembled the following resources focused on general understanding, liability, risk and coverage considerations. Dot agency means an agency or operating administration of the united states department of transportation administering regulations requiring alcohol andor drug testing 14 cfr parts 61, 63, 65, 121, and 5. Preemployment cdl driver qualification file checklist.
Cdl drivers controlled substance and alcohol policy. Employers are required to thoroughly document their program, decisionmaking and compliance with respective dot regulations. Accordingly, this notice announces that the information collection activities set forth in part 382 have been reevaluated and certified under 5 cfr 20. Motor carriers must comply completely with 49 cfr 382. Part 387 applies to certain forhire and hazardous materials carriers.
When must the employer conduct a postaccident drug test. I also understand that the employer may administer an optional preemployment alcohol test if they so desire. Fmcsa regulation 49 cfr part 382 national drug screening. Subpart d handling of test results, records retention, and confidentiality.
Subtitle b other regulations relating to transportation continued. Iii 10110 edition operating under the waiver or exemption or participating in the pilot program. Department of transportations federal motor carrier safety. If, due to disruptions caused by the covid19 national.
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