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§382.109-§382.301 is an obstacle to the accomplishment and execution of edge that a driver is using alcohol while performing any requirement in this part. safety-sensitive functions shall permit the driver to (b) This part shall not be construed to preempt perform or continue to perform safety-sensitive func- provisions of State criminal law that impose sanc- tions. tions for reckless conduct leading to actual loss of life, §382.207 Pre-duty use. injury,or damage to property,whether the provisions No driver shall perform safety-sensitive functions apply specifically to transportation employees, em- within four hours after using alcohol. No employer ployers, or the general public. having actual knowledge that such a driver has used §382.111 Other requirements imposed by em- alcohol within four hours shall permit a driver to ployers. perform or continue to perform safety-sensitive func- Except as expressly provided in this part,nothing tions. in this part shall be construed to affect the authority §382.209 Use following an accident. of employers,or the rights of drivers,with respect to No driver required to take a post-accident alcohol the use or possession of alcohol, or the use of con- test under§382.303 of this part shall use alcohol for trolled substances, including authority and rights eight hours following the accident, or until he/she with respect to testing and rehabilitation. undergoes a post-accident alcohol test, whichever §382.113 Requirement for notice. occurs first. Before performing an alcohol or controlled sub- §382.211 Refusal to submit to a required alco- 3 stances test under this part, each employer shall hol or controlled substances test. notify a driver that the alcohol or controlled sub- No driver shall refuse to submit to a post-accident stances test is required by this part. No employer alcohol or controlled substances test required under i shall falsely represent that a test is administered §382.303, a random alcohol or controlled substances under this part. test required under§382.305,a reasonable suspicion x §382.115 Starting date for testing program& alcohol or controlled substances test required under (a)Large employers. (1)Except as otherwise pro- §382.307, or a follow-up alcohol or controlled sub- vided in this paragraph, each employer with fifty or stances test required under§382.311. No employer more drivers on March 17,1994,shall implement the shall permit a driver who refuses to submit to such requirements of this part beginning on January 1, tests to perform or continue to perform safety-sensi- 1995. tive functions. (2)Large employers may begin implementing the §382.213 Controlled substances use. requirements of§382.301 of this part with respect to (a) No driver shall report for duty or remain on alcohol testing on January 1, 1995, but are not re- duty requiring the performance of safety-sensitive quired to do so until May 1, 1995. functions when the driver uses any controlled sub- (b) Small employers. Each employer with fewer stance, except when the use is pursuant to the in- than fifty drivers on March 17,1994,shall implement structions of a physician who has advised the driver the requirements of this part beginning on January 1, that the substance does not adversely affect the driver's 1996. ability to safely operate a commercial motor vehicle. (c)All employers shall have alcohol and controlled (b) No employer having actual knowledge that a substances programs that conform to this part by the driver has used a controlled substance shall permit date in paragraph(a)or(b)of this section,whichever the driver to perform or continue to perform a safety- is applicable, or by the date an employer begins sensitive function. commercial motor vehicle operations, whichever is (c)An employer may require a driver to inform the later. employer of any therapeutic drug use. §382.215 Controlled substances testing. i SUBPART B—PROHIBITIONS No driver shall report for duty,remain on duty or perform a safety-sensitive function,if the driver tests §382.201 Alcohol concentration. positive for controlled substances. No employer hav- No driver shall report for duty or remain on duty ing actual knowledge that a driver has tested positive requiring the performance of safety-sensitive func- for controlled substances shall permit the driver to tions while having an alcohol concentration of 0.04 or perform or continue to perform safety-sensitive func- greater. No employer having actual knowledge that tions. a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to SUBPART C—TESTS REQUIRED perform safety-sensitive functions. §382.204 Alcohol possession. §382.301 Pre-employment testing. No driver shall be on duty or operate a commercial (a)Prior to the first time a driver performs safety- motor vehicle while the driver possesses alcohol, sensitive functions for an employer, the driver shall unless the alcohol is manifested and transported as undergo testing for alcohol and controlled substances. part of a shipment. No employer having actual No employer shall allow a driver to perform safety- knowledge that a driver possesses unmanifested alco- sensitive functions unless the driver has been admin- hol may permit the driver to drive or continue to drive istered an alcohol test with a result indicating an a commercial motor vehicle. alcohol concentration less than 0.04,and has received §382.205 On-duty use. a controlled substances test result from the medical No driver shall use alcohol while performing safety- review officer indicating a verified negative test re- sensitive functions.No employer having actual knowl- sult. If a pre-employment alcohol test result under this section indicates an alcohol content of 0.02 or 11