Part 382 Prohibited Conduct

Controlled Substance / Alcohol Prohibited Conduct Steps

This should only be used as a guide to help the motor carrier through the process, please refer to: 49 CFR Part 40 (40.281 through 40.313) and 49 CFR Part 382 to understand the entire process.  

1. -      Any conduct prohibited by 382.201 through 382.215 must go through the below steps
2. -      Immediately remove driver from safety sensitive function 382.501
3. -      Refer driver to qualified Substance Abuse Professional (SAP) 40.281 & 382.503
4. -      SAP performs required evaluation and recommends a course of education and/or treatment 40.291 & 40.293
5. -      Driver attends prescribed education and/or treatment program 40.291
6. -      SAP determines driver has successfully complied with prescribed education and/or treatment program and establishes a written follow-up testing plan 40.301 & 40.307
7. -      Carrier decides to return driver to safety sensitive function 40.305
8. -      Driver takes return to duty test that results with a negative test for controlled substance and/or an alcohol test resulting less than 0.02 BAC 40.305
9. -      Driver returns to safety sensitive function, may begin driving again at carrier’s discretion 40.305(b), and complies with ALL follow-up testing as prescribed by SAP (must be a MINIMUM of six (6) unannounced tests within 12 months) 40.307
10. -  The MOTOR CARRIER is responsible for carrying out ALL of the SAP’s follow-up testing requirements and scheduling 40.309
11. -  Carrier must ensure that every step is followed and employer responsibilities found in 40.309 are followed. Failing to follow ALL steps and/or procedures listed in 49 CFR Part 40 and Part 382 will result in the driver repeating the process.

FIVE YEAR RECORD RETENTION 382.403: NOTE- this is not a complete list of ALL records required to be maintained by the motor carrier. Please refer to 382.403 for a complete list, length of time maintaining records and explanation of types of records retained.

• Driver Alcohol Test results greater than 0.02 (USDOT regulated employees and testing)
• All Positive Controlled Substance Tests, including Pre-Employment tests of driver applicants tested but not hired by the motor carrier (USDOT regulated employees and testing)
• Documentation of employee REFUSAL of a USDOT required test for controlled substance and/or alcohol (USDOT regulated employees and testing)
• Driver evaluations and referrals

DEFINTIONS: actual knowledge, alcohol use, controlled substance, driver, employer, refusal, and safety-sensitive function are found in 49 CFR 382.107; drugs, employee, negative result, positive result, Substance Abuse Professional, and verified test are found in 49 CFR 40.3.

What Employers Need To Know About Monitoring Collection Sites

The U.S. Department of Transportation has a PDF file for this subject. You can open or download a copy of this document here.