Federal Motor Carrier Safety Administration (FMCSA) 49 CFR Part 382

This testing regulation covers controlled substances and alcohol for commercial trucks and bus drivers subject to DOT drug and alcohol testing.

Conspire! is here to help you navigate this critical regulation and ensure you and your employees are in compliance. Contact us today to learn more.

Covered employee: 

A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.

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382.303   Post-Accident Testing Definition

    (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
      (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
      (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
        (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
        (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
    (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:
      (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
      (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
        (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
        (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
    (c) Random testing is 50% drug and 10% alcohol annually.

The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section

Conspire! complements the new Clearinghouse regulation by entering all positive drug and alcohol screens for FMCSA regulated employees—giving employers an easy and accessible way to run queries that check past drug and alcohol reports.