• § 382.103 Applicability. • § 382.107 Definitions.
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• § 382.109 Preemption of State and local laws. • § 382.113 Requirement for notice. • § 382.115 Starting date for testing programs.
• § 382.121 Employee admission of alcohol and controlled substances use. • § 382.205 On-duty use. • § 382.213 Controlled substance use.
• § 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. • § 382.401 Retention of records. • § 382. Save Game Just Cause 2 Pc 100. 403 Reporting of results in a management information system. • § 382.405 Access to facilities and records.
• § 382.413 Inquiries for alcohol and controlled substances information from previous employers. • § 382.501 Removal from safety-sensitive function. • § 382.503 Required evaluation and testing. • § 382.507 Penalties. • § 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. Part 382 Section § 382.305: Random testing. Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below.
For assistance, please send an email to FMCSA.Webmaster@dot.gov. • Question 1: Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in subjecting the driver to random alcohol testing? Guidance: A driver must be about to perform, or immediately available to perform, a safety-sensitive function to be considered subject to random alcohol testing. A supervisor, mechanic, or clerk, etc., who is on call to perform safety-sensitive functions may be tested at any time they are on call, ready to be dispatched while on-duty. Question 2: What are the employer’s obligations, in terms of random testing, with regard to an employee who does not drive as part of the employee’s usual job functions, but who holds a Commercial Driver's License (CDL) and may be called upon at any time, on an occasional or emergency basis, to drive? Guidance: Such an employee must be in a random testing pool at all times, like a full-time driver.
A drug test must be administered each time the employee’s name is selected from the pool. Alcohol testing, however, may only be conducted just before, during, or just after the performance of safety-sensitive functions. A safety-sensitive function as defined in means any of those on-duty functions set forth in On-Duty time, paragraphs (1) through (7), (generally, driving and related activities).
If the employee’s name is selected, the employer must wait until the next time the employee is performing safety-sensitive functions, just before the employee is to perform a safety-sensitive function, or just after the employee has ceased performing such functions to administer the alcohol test. If a random selection period expires before the employee performs a safety-sensitive function, no alcohol test should be given, the employee’s name should be returned to the pool, and the number of employees subsequently selected should be adjusted accordingly to achieve the required rate. Question 3: How should a random testing program be structured to account for the schedules of school bus or other drivers employed on a seasonal basis? Guidance: If no school bus drivers from an employer’s random testing pool are used to perform safety sensitive functions during the summer, the employer could choose to make random selections only during the school year. If the employer nevertheless chooses to make selections in the summer, tests may only be administered when the drivers return to duty. If some drivers continue to perform safety-sensitive functions during the summer, such as driving buses for summer school, an employer could not choose to forego all random selections each summer. Such a practice would compromise the random, unannounced nature of the random testing program.