What does 49 CFR 382.115 (Starting date for testing programs) require?

Short answer

49 CFR 382.115 requires domestic-domiciled employers to implement the requirements of this part on the date they begin commercial motor vehicle operations, and foreign-domiciled employers to implement the requirements on the date they begin commercial motor vehicle operations in the United States.

The rule says

"All domestic-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations." (49 CFR 382.115(a))

"All foreign-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations in the United States." (49 CFR 382.115(b))

In plain English

This means that as soon as a company starts operating commercial vehicles, either within the US or from a foreign base into the US, it must have its drug and alcohol testing program in place. This includes having policies, procedures, and trained staff to handle testing, and ensuring that all drivers are subject to the testing requirements. It's not something that can be put off until later, as compliance is expected from day one of operations.

What to do

• Develop and implement a drug and alcohol testing program that meets the requirements of 49 CFR Part 382.
• Ensure all drivers are subject to the testing requirements from the start of commercial motor vehicle operations.
• Train staff on the testing procedures and policies.
• Review and update the program as necessary to ensure ongoing compliance.