[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.101]



[Page 159-160]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 

Contents

 

                            Subpart A_General

 

Sec. 382.101  Purpose.









                            Subpart A_General



Sec.

382.101 Purpose

382.103 Applicability.

382.105 Testing procedures.

382.107 Definitions.

382.109 Preemption of State and local laws.

382.111 Other requirements imposed by employers.

382.113 Requirements for notice.

382.115 Starting date for testing programs.

382.117 Public interest exclusion.

382.119 Stand-down waiver provision.

382.121 Employee admission of alcohol and controlled substances use.



                         Subpart B_Prohibitions



382.201 Alcohol concentration.

382.205 On-duty use.

382.207 Pre-duty use.

382.209 Use following an accident.

382.211 Refusal to submit to a required alcohol or controlled substances 

          test.

382.213 Controlled substances use.

382.215 Controlled substances testing.



                        Subpart C_Tests Required



382.301 Pre-employment testing.

382.303 Post-accident testing.

382.305 Random testing.

382.307 Reasonable suspicion testing.

382.309 Return-to-duty testing.

382.311 Follow-up testing.



       Subpart D_Handling of Test Results, Record Retention, and 

                             Confidentiality



382.401 Retention of records.

382.403 Reporting of results in a management information system.



[[Page 160]]



382.405 Access to facilities and records.

382.407 Medical review officer notifications to the employer.

382.409 Medical review officer record retention for controlled 

          substances.

382.411 Employer notifications.

382.413 Inquiries for alcohol and controlled substances information from 

          previous employers.



  Subpart E_Consequences for Drivers Engaging in Substance Use-Related 

                                 Conduct



382.501 Removal from safety-sensitive function.

382.503 Required evaluation and testing.

382.505 Other alcohol-related conduct.

382.507 Penalties.



  Subpart F_Alcohol Misuse and Controlled Substances Use Information, 

                         Training, and Referral



382.601 Employer obligation to promulgate a policy on the misuse of 

          alcohol and use of controlled substances.

382.603 Training for supervisors.

382.605 Referral, evaluation, and treatment.



    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; and 49 CFR 

1.73.



    Source: 66 FR 43103, Aug. 17, 2001, unless otherwise noted.







    The purpose of this part is to establish programs designed to help 

prevent accidents and injuries resulting from the misuse of alcohol or 

use of controlled substances by drivers of commercial motor vehicles.