Drivers must also be satisfied that the emergency equipment required in 49 cfr 393. These regulations mandate drug and alcohol testing for commercial drivers license holders, related safetysensitive employees as defined in the above regulations, and others when. Trust us compliance services to help you file the proper paperwork. Employer dot policies the part 40 changes pdf guidance for using the 2010 federal custody and control form ccf pdf. Administration fhwa alcohol and controlled substances testing regulations. Getting into compliance under federal dot and fmcsa regulations can be a daunting task. Department of transportation regulations dot title 49, code of federal regulations, parts 29, 40, 382, 653 and 654.
Section 34520 cvc applies those federal regulations to every driver who is required to maintain a commercial driver license to operate a cmv, and to employers of those drivers, as. Transportation wo rkplace drug and alcohol testing programs 49 cfr part 40, hhs regulations 53 fr 11979 and, accompanying fmcsa regulations 49 cfr part 382. Electronic code of federal regulations e cfr title 49. The documents and links in the menu on the right side bar are designed to give you the most uptodate information on this set of regulations and supporting materials where applicable. Help fulfill the reasonable suspicion training requirements of 49 cfr part 382. I authorize release of the information contained on this form as required under 49 cfr 40.
Title 49 is the principle set of rules and regulations sometimes called administrative law issued by the departments of transportation and homeland security, federal agencies of the united states regarding transportation and. Controlled substances and alcohol testing compliance. This section is intended to provide controlled substance and alcohol testing guidance for employers of individuals that are required to possess a commercial drivers license to operate a commercial motor vehicle, such as a school bus, school activity bus, and multifunction school activity bus. The following is a summary of the main points of the dot rule title 14 cfr part 382. Preemployment testing if you are unable to conduct a preemployment controlled substances test, in accordance with 49 cfr 382. Service agents are not employers for the purposes of this part. This notification can be provided to the driver either verbally or in writing. Nothing in this publication is intended to supplement, alter. Title 49 is the principle set of rules and regulations sometimes called administrative law issued by the departments of transportation and homeland security, federal agencies of the united states regarding transportation and transportation related security. Controlled substance and alcohol use and testing overview.
Part 382 implements the air carrier access act acaa, 49 u. A vehicle may not be driven unless the driver is satisfied that its parts and accessories are in good working order. Cfr title 49 transportation is one of fifty titles comprising the united states code of federal regulations cfr. Supervisor reasonablesuspicion training meets the federal motor carrier safety administrations 49 cfr part 382. Developed to the latest dot drug testing regulations, this reasonable suspicion training program helps supervisors gain the knowledge and confidence they need to make reasonable suspicion determinations. Refuse to submit to an alcohol or controlled substances test means that a. Commercial trucks and bus drivers are subject to dot drug and. Department philosophy the department of fish and wildlife odfw has an obligation and a right to have alert, drugalcohol free employees on the job, and must provide a safe work environment. Agreement by and between copa airlines and us department of transportation website accessibility. 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. Employers are required to thoroughly document their program, decisionmaking and compliance with respective dot regulations. The department of transportations dot rule, 49 cfr part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally. Mar 26, 2020 preemployment testing if you are unable to conduct a preemployment controlled substances test, in accordance with 49 cfr 382. Confirmation test for alcohol testing means a second test, following a screening test with a result of 0.
In addition, the fhwa believes that the use of the dot breath alcohol testing form, omb no. I acknowledge, that i have the right to due process as identified in 49cfr 391. Iii 10110 edition operating under the waiver or exemption or participating in the pilot program. Nondiscrimination on the basis of disability in programs or activities receiving federal financial assistance u. Us dot 49 cfr part 40 and us dot federal motor carrier safety administration fmcsa part 382 updated march 27th, 2018 i. They know we provide answers to questions such as, how do i get a dot number. Passengers with disabilities us department of transportation. Procedures for transportation workplace drug and alcohol. A driver must be notified before submitting to each test that it is required by part 382. Fmcsa regulation 49 cfr part 382 national drug screening. Oct 01, 2011 title 49 transportation part 383 commercial drivers license standards.
This regulation outlines what is required for transportation regulated employers for r drug and alcohol testing. Transportation list of subjects revised as of january 2, 2020. 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. Whether the driver violated the alcohol and controlled substances prohibitions under 49 cfr 382 or 49 cfr 40. Drug and alcohol policy us dot 49 cfr part 40 and us dot. A texas motor carriers guide to highway safety pdf the departments commercial vehicle enforcement service has published guidance paraphrasing the fmcsrs including 49 cfr part 382 as its applicable to school bus operations. In 2001, fta issued 49 cfr part 655 to implement the drug and alcohol testing requirements of 49 u. Failure to cooperate with the process in a manner that obstructs the collection of the specimen. Part 382 federal motor carrier safety administration. Download the electronic code of federal regulations in xml. As applicable, the following documents must also be maintained in the qualification file. Landscapers rules of the road minnesota department of. Jan 28, 2020 transportation wo rkplace drug and alcohol testing programs 49 cfr part 40, hhs regulations 53 fr 11979 and, accompanying fmcsa regulations 49 cfr part 382. Safetysensitive function any of those duties set forth in dot regulations.
Controlled substance and alcohol use and testing txdps. Title 49 of the code of federal regulations wikipedia. Parallel table of authorities and rules for the code of federal regulations and the united states code text pdf. Part 382 alcohol and drug testing pdf federal dot regulations. Is a driver who is onduty, but has not been assigned a driving task, considered to be ready to perform a safetysensitive function as defined in 382. The department of transportation has a rule defining the rights of passengers and the obligations of airlines under this law. The chp enforces the federal regulations found in title 49, code of federal regulations cfr, part 382. Iii 10198 edition the number of refusals of random tests required by this part. Subpart f alcohol misuse and controlled substances use information, training, and referral 382. 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. Commercial trucks and bus drivers are subject to dot drug and alcohol testing under this regulation as well as 49 cfr part 40. Nothing contained in this emergency declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements 49 cfr part 382, the commercial drivers license requirements 49 cfr part 383, the financial responsibility insurance requirements 49 cfr part 387, the hazardous material regulations. Dot agency regulations requiring compliance with this part. Regulatory guidance concerning offduty time last updated.
Federal motor carrier safety administration fmcsa 49 cfr part 382 is the fmcsa controlled substances and alcohol use and testing regulation. Trucking compliance services us compliance services. The function of 49 cfr 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial motor vehicles. Please contact the inspector training and qualifications division if you have any questions at 4056862310.
The department of transportation s dot rule, 49 cfr part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally regulated transportation industry. Q 41705, and violations of that part also violate the acaa. Requirements and penalties subtitle b other regulations relating to transportation continued chapter iii federal motor carrier safety administration, department of transportation subchapter b federal motor carrier safety regulations. Has a gross combination vehicle weight rating of 26,001 or more pounds inclusive of a. On and after october 1, 2010 still a 5panel pdf dot drug testing. This order concerns violations of 14 cfr part 382 by southwest airlines, co. See the parts and accessories needed for safe operation and vehicle inspections sections of this planner for additional information. Is a driver who is onduty, but has not been assigned a driving task, considered to be ready to perform a safetysensitive function as defined in. Under federal law 49 cfr part 382, drivers in most states who operate a cdl vehicle. Title 49 transportation part 383 commercial drivers license standards. Part 382 requires or authorizes drug and alcohol testing only of those drivers required by part 383 to obtain a cdl. A driver must be in a drug and alcohol testing program if the cmv as defined in part 382 is a vehicle that.