Ask X3What does 49 CFR 382.113 (Requirement for notice) require?
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Short answer
The requirement for notice under 49 CFR 382.113 includes:
1. Notifying a driver that the alcohol or controlled substances test is required by this part
2. Not falsely representing that a test is administered under this part
The rule says
"Before performing each alcohol or controlled substances test under this part, each employer shall notify a driver that the alcohol or controlled substances test is required by this part." (49 CFR 382.113)
"No employer shall falsely represent that a test is administered under this part." (49 CFR 382.113)
In plain English
This rule means that before any alcohol or controlled substances test, the employer must inform the driver that the test is mandatory under the regulations. It also prohibits employers from misleading drivers into thinking a test is required by the regulations when it's not.
What to do
- Ensure that a notice is given to each driver before performing an alcohol or controlled substances test
- Verify that the notice clearly states the test is required by the regulations
- Train personnel on the importance of accurate representation of testing requirements
- Review company policies to prevent any false representation of testing under this part