What does 49 CFR 382.211 (Refusal to submit to a required alcohol or controlled substances test) require?

Short answer

49 CFR 382.211 requires that no driver refuse to submit to a required alcohol or controlled substances test, and no employer permit a driver who refuses to submit to such tests to perform safety-sensitive functions.

The rule says

"No driver shall refuse to submit to a pre-employment controlled substance test required under 382.301, a post-accident alcohol or controlled substance test required under 382.303, a random alcohol or controlled substances test required under 382.305, a reasonable suspicion alcohol or controlled substance test required under 382.307, a return-to-duty alcohol or controlled substances test required under 382.309, or a follow-up alcohol or controlled substance test required under 382.311." (49 CFR 382.211)

"No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions." (49 CFR 382.211)

In plain English

This rule means that drivers must comply with all required alcohol and controlled substances tests, and employers must not let drivers who refuse these tests work in safety-sensitive positions. In practice, this means that if a driver is selected for a random test or is involved in an accident that requires testing, they must submit to the test or face consequences, including being removed from safety-sensitive functions. Employers must have procedures in place to ensure compliance with this rule and to handle situations where a driver refuses to submit to a test.

What to do

• Ensure that all drivers understand the requirements of 49 CFR 382.211 and the consequences of refusing a test.
• Develop and implement procedures for handling situations where a driver refuses to submit to a required test.
• Train supervisors and managers to recognize the signs of alcohol or controlled substance use and to take appropriate action, including requiring a test.
• Review and update company policies to ensure compliance with 49 CFR 382.211 and other relevant regulations.