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§382.305-§382.307
<br /> administering random alcohol and controlled sub- (d) Alcohol testing is authorized by this section
<br /> stances tests are spread reasonably throughout the only if the observations required by paragraph(a)of
<br /> calendar year. this section are made during,just preceding,or just
<br /> (k) Each employer shall require that each driver after the period of the work day that the driver is
<br /> who is notified of selection for random alcohol and/or required to be in compliance with this part. A driver
<br /> controlled substances testing proceeds to the test site may be directed by the employer to only undergo
<br /> immediately;provided,however,that if the driver is reasonable suspicion testing while the driver is per-
<br /> performing a safety-sensitive function at the time of forming safety-sensitive functions, just before the
<br /> notification, the employer shall instead ensure that driver is to perform safety-sensitive functions,or just
<br /> the driver ceases to perform the safety-sensitive func- after the driver has ceased performing such functions.
<br /> tion and proceeds to the testing site as soon as pos- (e)(1) If an alcohol test required by this section is
<br /> sible. not administered within two hours following the de-
<br /> (1)A driver shall only be tested for alcohol while the termination under paragraph(a)of this section, the
<br /> driver is performing safety-sensitive functions,just employer shall prepare and maintain on file a record
<br /> before the driver is to perform safety-sensitive func- stating the reasons the alcohol test was not promptly
<br /> tions, or just after the driver has ceased performing administered. If an alcohol test required by this
<br /> such functions. section is not administered within eight hours follow-
<br /> (m)If a given driver is subject to random alcohol or ing the determination under paragraph (a) of this
<br /> controlled substances testing under the random alco- section,the employer shall cease attempts to admin-
<br /> hol or controlled substances testing rules of more than ister an alcohol test and shall state in the record the
<br /> one DOT agency for the same employer, the driver reasons for not administering the test.
<br /> shall be subject to random alcohol and/or controlled (2)For the years stated in this paragraph,employ-
<br /> substances testing at the annual percentage rate ers who submit MIS reports shall submit to the
<br /> established for the calendar year by the DOT agency FHWA each record of a test required by this section
<br /> regulating more than 50 percent of the driver's func- that is not completed within 8 hours. The employer's
<br /> tion. records of tests that could not be completed within 8
<br /> (n) If an employer is required to conduct random hours shall be submitted to the FHWA by March 15,
<br /> alcohol or controlled substances testing under the 1996;March 15, 1997;and March 15,1998;for calen-
<br /> alcohol or controlled substances testing rules of more dar years 1995, 1996, and 1997, respectively. Em-
<br /> than one DOT agency, the employer may— ployers shall append these records to their MIS sub-
<br /> (1)Establish separate pools for random selection, missions. Each record shall include the following
<br /> with each pool containing the DOT-covered employ- information:
<br /> ees who are subject to testing at the same required (i) Type of test (reasonable suspicion/post-acci-
<br /> minimum annual percentage rate;or dent);
<br /> 4 OW (2)Randomly select such employees for testing at (ii) Triggering event (including date, time, and
<br /> the highest minimum annual percentage rate estab- location);
<br /> lished for the calendar year by any DOT agency to (iii)Reason(s)test could not be completed within 8
<br /> which the employer is subject. hours; and
<br /> §382.307 Reasonable suspicion testing. (iv) If blood alcohol testing could have been com-
<br /> (a)An employer shall require a driver to submit to pleted within eight hours, the name, address, and
<br /> an alcohol test when the employer has reasonable telephone number of the testing site where blood
<br /> suspicion to believe that the driver has violated the testing could have occurred.
<br /> prohibitions of subpart B of this part concerning (3)Records of tests that could not be completed in
<br /> alcohol,except for§382.204. The employer's determi- 8 hours shall be submitted to the FHWA at the =
<br /> nation that reasonable suspicion exists to require the following address: Attn: Alcohol Testing Program,
<br /> driver to undergo an alcohol test must be based on Office of Motor Carrier Standards (HCS-1), Federal
<br /> specific, contemporaneous, articulable observations Highway Administration, 400 Seventh Street, S.W.,
<br /> concerning the appearance,behavior,speech or body Washington,DC 20590.
<br /> odors of the driver. (4) Notwithstanding the absence of a reasonable
<br /> (b)An employer shall require a driver to submit to suspicion alcohol test under this section, no driver
<br /> a controlled substances test when the employer has shall report for duty or remain on duty requiring the f
<br /> reasonable suspicion to believe that the driver has performance of safety-sensitive functions while the
<br /> violated the prohibitions of subpart B of this part driver is under the influence of or impaired by alcohol,
<br /> concerning controlled substances. The employer's as shown by the behavioral,speech,and performance
<br /> determination that reasonable suspicion exists to indicators of alcohol misuse, nor shall an employer
<br /> require the driver to undergo a controlled substances permit the driver to perform or continue to perform
<br /> test must be based on specific, contemporaneous, safety-sensitive functions,until:
<br /> articulable observations concerning the appearance, (i)An alcohol test is administered and the driver's
<br /> behavior, speech or body odors of the driver. The alcohol concentration measures less than 0.02;or -
<br /> observations may include indications of the chronic (ii)Twenty four hours have elapsed following the
<br /> and withdrawal effects of controlled substances. determination under paragraph (a) of this section
<br /> (c) The required observations for alcohol and/or that there is reasonable suspicion to believe that the i
<br /> controlled substances reasonable suspicion testing driver has violated the prohibitions in this part con- 1
<br /> shall be made by a supervisor or company official who cerning the use of alcohol. x
<br /> • is trained in accordance with §382.603 of this part. (5)Except as provided in paragraph(e)(2)of this
<br /> The person who makes the determination that rea- section,no employer shall take any action under this 1
<br /> sonable suspicion exists to conduct an alcohol test part against a driver based solely on the driver's
<br /> shall not conduct the alcohol test of the driver. behavior and appearance,with respect to alcohol use,
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