---
kind: "section"
citation: "49 C.F.R. § 382.121"
title: "49"
number: "382.121"
heading: "Employee admission of alcohol and controlled substances use."
url: "https://uscodex.org/cfr/49/382.121"
---

# §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](/cfr/49/part40.md), 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)](#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.
- (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)](#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 non-DOT 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 non-DOT 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.

## Notes

### Amendments

[66 FR 43103, Aug. 17, 2001, as amended at 86 FR 35639, July 7, 2021]

### Authority

Authority: 49 U.S.C. 31133, 31136, 31301 et seq. , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

### Source

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

### Amendments

[66 FR 43103, Aug. 17, 2001, as amended at 86 FR 35639, July 7, 2021]