1995-12-03 - Laserfiche WebLink

Home Browse Search

3 §382.301-§382.303 greater but less than 0.04,the provisions of§382.505 (1)Who was performing safety sensitive functions shall apply. with respect to the vehicle,if the accident involved the (b)Exception for pre-employment alcohol testing. loss of human life;or An employer is not required to administer an alcohol (2)Who receives a citation under State or local law test required by paragraph(a)of this section if: for a moving traffic violation arising from the acci- (1) The driver has undergone an alcohol test re- dent. quired by this section or the alcohol misuse rule of (b)(1)Alcohol tests. If a test required by this section another DOT agency under part 40 of this title within is not administered within two hours following the the previous six months,with a result indicating an accident,the employer shall prepare and maintain on alcohol concentration less than 0.04; and file a record stating the reasons the test was not (2)The employer ensures that no prior employer of promptly administered. If a test required by this _ the driver of whom the employer has knowledge has section is not administered within eight hours follow- records of a violation of this part or the alcohol misuse ing the accident,the employer shall cease attempts to rule of another DOT agency within the previous six administer an alcohol test and shall prepare and months. maintain the same record. Records shall be submit- (c) Exception for pre-employment controlled sub- ted to the FHWA upon request of the Associate Ad- stances testing. An employer is not required to admin- ministrator. ister a controlled substances test required by para- (2)For the years stated in this paragraph,employ- graph(a)of this section if. ers who submit MIS reports shall submit to the (1) The driver has participated in a drug testing FHWA each record of a test required by this section program that meets the requirements of this part that is not completed within 8 hours. The employer's within the previous 30 days; and records of tests that are not completed within 8 hours (2)While participating in that program, either shall be submitted to the FHWA by March 15, 1996; (i)Was tested for controlled substances within the March 15, 1997; and March 15, 1998; for calendar past 6 months(from the date of application with the years 1995,1996,and 1997,respectively. Employers employer)or shall append these records to their MIS submissions. (ii)Participated in a random controlled substances Each record shall include the following information: testing program for the previous 12 months(from the (i) Type of test (reasonable suspicion/post-acci- date of application with the employer); and dent); (3)The employer ensures that no prior employer of (ii) Triggering event (including date, time, and the driver of whom the employer has knowledge has location); records of a violation of this part or the controlled (iii)Reason(s)test could not be completed within 8 substance use rule of another DOT agency within the hours; and previous six months. (iv) If blood alcohol testing could have been com- (d)(1)Anemployerwhoexerciseseitherparagraph pleted within eight hours, the name, address, and (b)or(c)of this section shall contact the alcohol and/ telephone number of the testing site where blood or controlled substances testing program(s)in which testing could have occurred. the driver participates or participated and shall ob- (3)Records of tests that could not be completed in tain from the testing program(s)the following infor- 8 hours shall be submitted to the FHWA at the mation: following address: Attn: Alcohol Testing Program, (i)Name(s)and address(es)of the program(s). Office of Motor Carrier Standards (HCS-1), Federal (ii) Verification that the driver participates or Highway Administration,400 Seventh Street, S.W., participated in the program(s). Washington,DC 20590. (iii) Verification that the program(s) conform to (4)Controlled substance tests. If a test required by part 40 of this title. this section is not administered within 32 hours (iv)Verification that the driver is qualified under following the accident, the employer shall cease at- the rules of this part,including that the driver has not tempts to administer a controlled substances test, refused to be tested for alcohol or controlled sub- and prepare and maintain on file a record stating the stances. reasons the test was not promptly administered. (v)The date the driver was last tested for alcohol or Records shall be submitted to the FHWA upon re- controlled substances. quest of the Associate Administrator. (vi) The results of any tests taken within the (c)A driver who is subject to post-accident testing previous six months and any other violations of sub- shall remain readily available for such testing or may part B of this part. be deemed by the employer to have refused to submit (2)An employer who uses,but does not employ,a to testing. Nothing in this section shall be construed driver more than once a year must assure itself once to require the delay of necessary medical attention for every six months that the driver participates in an injured people following an accident or to prohibit a alcohol and controlled substances testing program(s) driver from leaving the scene of an accident for the that meets the requirements of this part. period necessary to obtain assistance in responding to (e) Notwithstanding any other provisions of this the accident,or to obtain necessary emergency medi- subpart,all provisions and requirements in this sec- cal care. tion pertaining to preemployment testing for alcohol (d)An employer shall provide drivers with neces- are suspended as of May 1, 1995. sary post-accident information, procedures and in- i §382.303 Post-accident testing. structions,prior to the driver operating a commercial (a) As soon as practicable following an accident motor vehicle, so that drivers will be able to comply involving a commercial motor vehicle,each employer with the requirements of this section. shall test for alcohol and controlled substances each (e)The results of a breath or blood test for the use surviving driver: of alcohol or a urine test for the use of controlled E 5 12 i