What does 49 CFR 382.111 (Other requirements imposed by employers) require?

Short answer

Four things, and you need all of them:

1. The authority of employers to impose their own requirements on drivers regarding the use of alcohol or controlled substances

2. The rights of drivers with respect to testing and rehabilitation

3. The use of alcohol by drivers

4. The use of controlled substances by drivers

The rule says

"Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation." (49 CFR 382.111)

In plain English

This rule means that employers have the authority to set their own rules and requirements for their drivers regarding alcohol and controlled substance use, as long as those rules don't conflict with the regulations in this part. It also protects the rights of drivers in relation to testing and rehabilitation. In practice, this gives employers flexibility to create their own policies, but they must still comply with federal regulations. For example, an employer might have a zero-tolerance policy for alcohol use, or require additional testing beyond what's mandated by federal law.

What to do

• Review your company's policies on alcohol and controlled substance use to ensure they comply with federal regulations
• Communicate your policies clearly to all drivers
• Ensure that your testing and rehabilitation procedures are fair and follow federal guidelines
• Document all testing and rehabilitation activities to demonstrate compliance with regulations