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§382.101-§382.107 PART 382-CONThOLLED SUBPART F-ALCOHOL MISUSE AND SUBSTANCES AND ALCOHOL USE AND CONTROLLED SUBSTANCES USE TESTING INFORMATION,TRAINING,AND REFERRAL 382.601 Motor carrier obligation to promulgate a SUBPART A-GENERAL policy on the misuse of alcohol and use of controlled substances. Sec. 382.603 Training for supervisors. 382.101 Purpose. 382.605 Referral,evaluation, and treatment. 382.103 Applicability. 382.105 Testing procedures. Authority:49 U.S.C.31306;49 U.S.C.app.31201 382.107 Definitions. et seq.; and 31502; 49 CFR 1.48. g 382.109 Preemption of State and local laws. i 382.111 Other requirements imposed by employ- SUBPART A-GENERAL ers. 382.113 Requirement for notice. §382.101 Purpose. 382.115 Starting date for testing programs. The purpose of this part is to establish programs SUBPART B-PROHIBITIONS designed to help prevent accidents and injuries re- sulting from the misuse of alcohol or use of controlled y substances by drivers of commercial motor vehicles. 382.201 Alcohol concentration. (Approved by the Office of Management and Bud- 382.204 Alcohol possession. get under control number 2125-0543) 382.205 On-duty use. §382.103 Applicability. 382.207 Pre-duty use. (a)This part applies to every person who operates 382.209 Use following an accident. a commercial motor vehicle in interstate or intrastate 382.211 Refusal to submit to a required alcohol or commerce, and is subject to the commercial driver's controlled substances test. license requirements of part 383 of this subchapter. 382.213 Controlled substances use. (b)An employer who employs himself/herself as a 382.215 Controlled substances testing. driver must comply with both the requirements in f this part that apply to employers and the require- SUBPART C-TESTS REQUIRED ments in this part that apply to drivers.An employer who employs only himself/herself as a driver shall 382.301 Pre-employment testing. implement an alcohol and controlled substances test- 382.303 Post-accident testing. ing program that includes more persons than himself/ 382.305 Random testing. herself as covered employees in the random testing 382.307 Reasonable suspicion testing. pool. 382.309 Return-to-duty testing. (c)The part shall not apply to employers and their 382.311 Follow-up testing. drivers: (1) Required to comply with the alcohol and/or SUBPART D-HANDLING OF TEST controlled substances testing requirements of parts RESULTS,RECORD RETENTION,AND 653 and 654 of this title;or CONFIDENTIALITY (2)Granted a full waiver from the requirements of the commercial driver's license program;or 382.401 Retention of records. (3) Granted an optional State waiver from the 382.403 Reporting of results in a management in- requirements of part 383 of this subchapter;or formation system. (4)Of foreign domiciled operations,with respect to 382.405 Access to facilities and records. any driver whose place of reporting for duty (home 382.407 Medical review officer notifications to the terminal) for commercial motor vehicle transporta- employer. tion services is located outside the territory of the 382.409 Medical review officer record retention for United States. controlled substances. §382.105 Testing procedures. 382.411 Employer notifications. Each employer shall ensure that all alcohol or 382.413 Release of alcohol and controlled substances controlled substances testing conducted under this test information by previous employers. part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that SUBPART E-CONSEQUENCES FOR address alcohol or controlled substances testing are DRIVERS ENGAGING IN SUBSTANCE USE- made applicable to employers by this part. RELATED CONDUCT §382.107 Definitions. Words or phrases used in this part are defined in 382.501 Removal from safety-sensitive function. §§386.2 and 390.5 of this subchapter, and §40.3 or ' 382.503 Required evaluation and testing. §40.73 of this title, except as provided herein- 382.505 Other alcohol-related conduct. Alcohol means the intoxicating agent in beverage 382.507 Penalties. alcohol,ethyl alcohol,or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol concentration(or content)means the alco- hol in a volume of breath expressed in terms of grams r of alcohol per 210 liters of breath as indicated by an evidential breath test under this part. 9