What does 49 CFR 382.215 (Controlled substances testing) require?

Short answer

49 CFR 382.215 requires that no driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. Employers must not permit such drivers to perform safety-sensitive functions.

The rule says

"No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances." (49 CFR 382.215)

"No employer having knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions." (49 CFR 382.215)

In plain English

This rule means that if a driver fails a controlled substances test, they cannot work in a safety-sensitive role until they have completed the return-to-duty process. Employers must ensure that drivers who test positive or adulterate a test specimen are removed from safety-sensitive functions to protect public safety. In practice, this means that employers must have a system in place to track test results and remove drivers who test positive from duty.

What to do

• Ensure that all drivers understand the consequences of testing positive for controlled substances.
• Have a system in place to track test results and remove drivers who test positive from safety-sensitive functions.
• Verify that drivers who have tested positive have completed the return-to-duty process before allowing them to return to safety-sensitive functions.
• Maintain accurate records of test results and follow-up actions.