[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR382.121]



[Page 170-171]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

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

 

                            Subpart A_General

 

Sec.  382.121  Employee admission of alcohol and controlled substances use.



    (a) Employees who admit to alcohol misuse or controlled substances 

use are not subject to the referral, evaluation and treatment 

requirements of this part and part 40 of this title, provided that:

    (1) The admission is in accordance with a written employer-

established voluntary self-identification program or policy that meets 

the requirements of paragraph (b) of this section;

    (2) The driver does not self-identify in order to avoid testing 

under the requirements of this part;

    (3) The driver makes the admission of alcohol misuse or controlled 

substances use prior to performing a safety sensitive function (i.e., 

prior to reporting for duty); and

    (4) The driver does not perform a safety sensitive function until 

the employer is satisfied that the employee has been evaluated and has 

successfully completed education or treatment requirements in accordance 

with the self-identification program guidelines.



[[Page 171]]



    (b) A qualified voluntary self-identification program or policy must 

contain the following elements:

    (1) It must prohibit the employer from taking adverse action against 

an employee making a voluntary admission of alcohol misuse or controlled 

substances use within the parameters of the program or policy and 

paragraph (a) of this section;

    (2) It must allow the employee sufficient opportunity to seek 

evaluation, education or treatment to establish control over the 

employee's drug or alcohol problem;

    (3) It must permit the employee to return to safety sensitive duties 

only upon successful completion of an educational or treatment program, 

as determined by a drug and alcohol abuse evaluation expert, i.e., 

employee assistance professional, substance abuse professional, or 

qualified drug and alcohol counselor;

    (4) It must ensure that:

    (i) Prior to the employee participating in a safety sensitive 

function, the employee shall undergo a return to duty test with a result 

indicating an alcohol concentration of less than 0.02; and/or

    (ii) Prior to the employee participating in a safety sensitive 

function, the employee shall undergo a return to duty controlled 

substance test with a verified negative test result for controlled 

substances use; and

    (5) It may incorporate employee monitoring and include non-DOT 

follow-up testing.