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§382.601-§382.605 • SUBPART F—ALCOHOL ,SUSE AND (c)Optional prouisen. The materials supplied to CONTROLLED SUBSTANCES USE drivers may also include information on additional INFORMATION,TRAINING,AND REFERRAL employer policies with respect to the use or possession of alcohol or controlled substances, including any §382.601 Motor carrier obligation to promul- consequences for a driver found to have a specified gate a policy on the misuse of alcohol and use of alcohol or controlled substances level,that are based controlled substances. on the employer's authority ~` (a) General requirements. Each employer shall Any such additional policies orconsequences this st be provide educational materials that explain the re- clearly and obviously described as being based on quirements of this part and the employer's policies independent authority. and procedures with respect to meeting these require- (d) Certificate of receipt. Each employer shall en- ments. sure that each driver is required to sign a statement (1)The employer shall ensure that a copy of these certifying that he or she has received a copy of these materials is distributed to each driver prior to the materials described in this section. Each employer start of alcohol and controlled substances testing shall maintain the original of the signed certificate under this part and to each driver subsequently hired and may provide a copy of the certificate to the driver. or transferred into a position requiring driving a §382.603 Training for supervisors. commercial motor vehicle. (a)Each employer shall ensure that persons desig- (2)Each motor carrier shall provide written notice nated to determine whether reasonable suspicion to representatives of employee organizations of the exists to require a driver to undergo testing under availability of this information. §382.307 receive at least 60 minutes of training on (b) Required content. The materials to be made alcohol misuse and receive at least an additional 60 available to drivers shall include detailed discussion minutes of training on controlled substances use. The of at least the following: training shall cover the physical,behavioral,speech, (1) The identity of the person designated by the and performance indicators of probable alcohol mis- employer to answer driver questions about the mate- use and use of controlled substances. rials; §382.605 Referral,evaluation,and treatment. (2)The categories of drivers who are subject to the (a)Each driver who has engaged in conduct prohib- provisions of this part; ited by subpart B of this part shall be advised by the (3) Sufficient information about the safety-sensi- employer of the resources available to the driver in tive functions performed by those drivers to make evaluating and resolving problems associated with clear what period of the work day the driver is re- the misuse of alcohol and use of controlled substances, quired to be in compliance with this part; including the names,addresses,and telephone num- (4)Specific information concerning driver conduct bers of substance abuse professionals and counselling that is prohibited by this part; and treatment programs. (5)The circumstances under which a driver will be (b)Each driver who engages in conduct prohibited tested for alcohol and/or controlled substances under by subpart B of this part shall be evaluated by a this part; substance abuse professional who shall determine (6)The procedures that will be used to test for the what assistance,if any,the employee needs in resoly- presence of alcohol and controlled substances,protect ing problems associated with alcohol misuse and the driver and the integrity of the testing processes, controlled substances use. safeguard the validity of the test results,and ensure (c)(1)Before a driver returns to duty requiring the that those results are attributed to the correct driver; performance of a safety-sensitive functior- after en- (7)The requirement that a driver submit to alcohol gaging in conduct prohibited by subpart B of this part, and controlled substances tests administered in ac- the driver shall undergo a return to duty alcohol test cordance with this part; with a result indicating an alcohol concentration of (8)An explanation of what constitutes a refusal to less than 0.02 if the conduct involved alcohol, or a submit to an alcohol or controlled substances test and controlled substances test with a verified negative the attendant consequences; result if the conduct involved a controlled substance. (9) The consequences for drivers found to have (2) In addition, each driver identified as needing violated subpart B of this part,including the require- assistance in resolving problems associated with alco- ment that the driver be removed immediately from hol misuse or controlled substances use, safety-sensitive functions,and the procedures under (i)Shall be evaluated by a substance abuse profes- §382.605; sional to determine that the driver has properly (10)The consequences for drivers found to have an followed any rehabilitation program prescribed un- alcohol concentration of 0.02 or greater but less than der paragraph(b)of this section, and 0.04; (ii) Shall be subject to unannounced follow-up k (11) Information concerning the effects of alcohol alcohol and controlled substances tests administered and controlled substances use on an individual's by the employer following the driver's return to duty. health, work, and personal life;signs and symptoms The number and frequency of such follow-up testing of an alcohol or a controlled substances problem(the shall be as directed by the substance abuse profes- driver's or a coworker's); and available methods of sional, and consist of at least six tests in the first 12 intervening when an alcohol or a controlled sub- months following the driver's return to duty. The stances problem is suspected, including confronta- employer may direct the driver to undergo return-to- tion,referral to any employee assistance program and duty and follow-up testing for both alcohol and Con- or referral to management. trolled substances, if the substance abuse profes- 19 I