---
kind: "section"
citation: "49 C.F.R. § 382.217"
title: "49"
number: "382.217"
heading: "Employer responsibilities."
url: "https://uscodex.org/cfr/49/382.217"
---

# §382.217. Employer responsibilities.


No employer may allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which an employer determines that a driver is not in compliance with the return-to-duty requirements in [49 CFR part 40](/cfr/49/part40.md), [subpart O](/cfr/49/subpartO.md), after the occurrence of any of the following events:

- (a) The driver receives a positive, adulterated, or substituted drug test result conducted under [part 40 of this title](/cfr/49/part40.md).
- (b) The driver receives an alcohol confirmation test result of 0.04 or higher alcohol concentration conducted under [part 40 of this title](/cfr/49/part40.md).
- (c) **The driver refused to submit to a test for drugs or alcohol required under this part.**
- (d) The driver used alcohol prior to a post-accident alcohol test in violation of [§ 382.209](/cfr/49/382.209.md).
- (e) An employer has actual knowledge, as defined at [§ 382.107](/cfr/49/382.107.md), that a driver has:
  - (1) Used alcohol while performing safety-sensitive functions in violation of [§ 382.205](/cfr/49/382.205.md);
  - (2) Used alcohol within four hours of performing safety-sensitive functions in violation of [§ 382.207](/cfr/49/382.207.md); or
  - (3) Used a controlled substance, except when the use is prescribed by a licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.

## Notes

### Amendments

[81 FR 87724, Dec. 5, 2016, as amended at 88 FR 80180, Nov. 17, 2023]

### 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

[81 FR 87724, Dec. 5, 2016, as amended at 88 FR 80180, Nov. 17, 2023]