What does 49 CFR 382.105 (Testing procedures) require?

Short answer

49 CFR 382.105 requires employers to ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title.

1. The procedures include directly observed urine collection in certain situations.

2. The provisions of part 40 that address alcohol or controlled substances testing are made applicable to employers by this part.

The rule says

"Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title." (49 CFR 382.105)

"The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part." (49 CFR 382.105)

In plain English

This means that employers must follow the testing procedures outlined in part 40 when conducting alcohol or controlled substances testing on their employees. This includes following specific protocols for collecting and testing samples, as well as ensuring that all testing is conducted in a fair and unbiased manner. Employers must also ensure that they are complying with all applicable regulations and guidelines, including those related to directly observed urine collection.

What to do

• Ensure that all alcohol and controlled substances testing is conducted in accordance with the procedures set forth in part 40.
• Review and update testing policies and procedures to ensure compliance with part 40.
• Provide training to employees and supervisors on the testing procedures and protocols.
• Maintain accurate and complete records of all testing conducted, including results and any actions taken.