---
kind: "section"
citation: "49 C.F.R. § 655.42"
title: "49"
number: "655.42"
heading: "Pre-employment alcohol testing."
url: "https://uscodex.org/cfr/49/655.42"
---

# §655.42. Pre-employment alcohol testing.


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, the employer must comply with the following requirements:

- (a) The employer 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).
- (b) The employer must treat all covered employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others).
- (c) The employer 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.
- (d) The employer must conduct all pre-employment alcohol tests using the alcohol testing procedures set forth in [49 CFR Part 40](/cfr/49/part40.md).
- (e) The employer 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 0.02.

## Notes

### Authority

Authority: 49 U.S.C. 5331 (as amended); 49 CFR 1.91

### Source

Source: 66 FR 42002, Aug. 9, 2001, unless otherwise noted.