What does 49 CFR 382.213 (Controlled substance use) require?

Short answer

49 CFR 382.213 requires that no driver report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I, or any non-Schedule I drug or substance except when prescribed by a licensed medical practitioner.

The rule says

"No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I." (49 CFR 382.213(a))

"No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance except when the use is prescribed by a licensed medical practitioner, as defined in 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle." (49 CFR 382.213(b))

In plain English

This rule means that drivers cannot work if they're using certain controlled substances, unless they have a valid prescription from a doctor who knows their medical history and has cleared them to drive safely. Employers must ensure their drivers comply with this rule, and drivers who violate it can face serious consequences, including being taken off duty.

What to do

• Ensure all drivers understand the rules about controlled substance use and safety-sensitive functions.
• Verify that drivers have a valid prescription from a licensed medical practitioner for any non-Schedule I drugs they're using.
• Have a clear policy in place for handling drivers who violate this rule, including taking them off duty and reporting incidents to the authorities as required.
• Train supervisors and managers to recognize signs of controlled substance use and take appropriate action.