[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: 49CFR382.601]



[Page 182]

 

                        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 F_Alcohol Misuse and Controlled Substances Use Information, 

                         Training, and Referral

 

Sec.  382.601  Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.





    (a) General requirements. Each employer shall provide educational 

materials that explain the requirements of this part and the employer's 

policies and procedures with respect to meeting these requirements.

    (1) The employer shall ensure that a copy of these materials is 

distributed to each driver prior to the start of alcohol and controlled 

substances testing under this part and to each driver subsequently hired 

or transferred into a position requiring driving a commercial motor 

vehicle.

    (2) Each employer shall provide written notice to representatives of 

employee organizations of the availability of this information.

    (b) Required content. The materials to be made available to drivers 

shall include detailed discussion of at least the following:

    (1) The identity of the person designated by the employer to answer 

driver questions about the materials;

    (2) The categories of drivers who are subject to the provisions of 

this part;

    (3) Sufficient information about the safety-sensitive functions 

performed by those drivers to make clear what period of the work day the 

driver is required to be in compliance with this part;

    (4) Specific information concerning driver conduct that is 

prohibited by this part;

    (5) The circumstances under which a driver will be tested for 

alcohol and/or controlled substances under this part, including post-

accident testing under Sec.  382.303(d);

    (6) The procedures that will be used to test for the presence of 

alcohol and controlled substances, protect the driver and the integrity 

of the testing processes, safeguard the validity of the test results, 

and ensure that those results are attributed to the correct driver, 

including post-accident information, procedures and instructions 

required by Sec.  382.303(d);

    (7) The requirement that a driver submit to alcohol and controlled 

substances tests administered in accordance with this part;

    (8) An explanation of what constitutes a refusal to submit to an 

alcohol or controlled substances test and the attendant consequences;

    (9) The consequences for drivers found to have violated subpart B of 

this part, including the requirement that the driver be removed 

immediately from safety-sensitive functions, and the procedures under 

part 40, subpart O, of this title;

    (10) The consequences for drivers found to have an alcohol 

concentration of 0.02 or greater but less than 0.04;

    (11) Information concerning the effects of alcohol and controlled 

substances use on an individual's health, work, and personal life; signs 

and symptoms of an alcohol or a controlled substances problem (the 

driver's or a co-worker's); and available methods of intervening when an 

alcohol or a controlled substances problem is suspected, including 

confrontation, referral to any employee assistance program and or 

referral to management.

    (c) Optional provision. The materials supplied to drivers may also 

include information on additional employer policies with respect to the 

use of alcohol or controlled substances, including any consequences for 

a driver found to have a specified alcohol or controlled substances 

level, that are based on the employer's authority independent of this 

part. Any such additional policies or consequences must be clearly and 

obviously described as being based on independent authority.

    (d) Certificate of receipt. Each employer shall ensure that each 

driver is required to sign a statement certifying that he or she has 

received a copy of these materials described in this section. Each 

employer shall maintain the original of the signed certificate and may 

provide a copy of the certificate to the driver.



[[Page 183]]