---
kind: "section"
citation: "49 C.F.R. § 382.301"
title: "49"
number: "382.301"
heading: "Pre-employment testing."
url: "https://uscodex.org/cfr/49/382.301"
---

# §382.301. Pre-employment testing.

- (a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in [paragraph (b)](#b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.
- (b) An employer is not required to administer a controlled substances test required by [paragraph (a)](#a) of this section if:
  - (1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and
  - (2) **While participating in that program, either—**
    - (i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or
    - (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
  - (3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
- (c)
  - (1) An employer who exercises the exception in [paragraph (b)](#b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:
    - (i) **Name(s) and address(es) of the program(s).**
    - (ii) **Verification that the driver participates or participated in the program(s).**
    - (iii) **Verification that the program(s) conforms to part 40 of this title.**
    - (iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.
    - (v) **The date the driver was last tested for controlled substances.**
    - (vi) The results of any tests taken within the previous six months and any other violations of subpart B of this part.
  - (2) An employer who uses, but does not employ a driver more than once a year to operate commercial motor vehicles must obtain the information in [paragraph (c)(1)](#c-1) of this section at least once every six months. The records prepared under this paragraph shall be maintained in accordance with [§ 382.401](/cfr/49/382.401.md). If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and [part 40 of this title](/cfr/49/part40.md), the employer shall conduct a pre-employment controlled substances test.
- (d) **An employer may, but is not required to, conduct pre-employment alcohol testing under this part.** If an employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:
  - (1) It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).
  - (2) It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).
  - (3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.
  - (4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of [49 CFR part 40](/cfr/49/part40.md) of this title.
  - (5) It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04.

## Notes

### 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.