[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.209]

[Page 189]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
              Subpart C--Alcohol Misuse Prevention Program
 
Sec. 199.209  Other requirements imposed by operators.

    (a) Except as expressly provided in this subpart, nothing in this 
subpart shall be construed to affect the authority of operators, or the 
rights of employees, with respect to the use or possession of alcohol, 
including authority and rights with respect to alcohol testing and 
rehabilitation.
    (b) Operators may, but are not required to, conduct pre-employment 
alcohol testing under this subpart. Each operator that conducts pre-
employment alcohol testing must--
    (1) Conduct a pre-employment alcohol test before the first 
performance of covered functions by every covered employee (whether a 
new employee or someone who has transferred to a position involving the 
performance of covered functions);
    (2) Treat all covered employees the same for the purpose of pre-
employment alcohol testing (i.e., you must not test some covered 
employees and not others);
    (3) Conduct the pre-employment tests after making a contingent offer 
of employment or transfer, subject to the employee passing the pre-
employment alcohol test;
    (4) Conduct all pre-employment alcohol tests using the alcohol 
testing procedures in DOT Procedures; and
    (5) Not allow any covered employee to begin performing covered 
functions unless the result of the employee's test indicates an alcohol 
concentration of less than 0.04.

[Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended by Amdt. 199-19, 66 
FR 47119, Sept. 11, 2001]