What does 49 CFR 382.217 (Employer responsibilities) require?

Short answer

An employer may not allow a driver to operate a commercial motor vehicle during any period in which the employer determines that the driver is not in compliance with the return-to-duty requirements in 49 CFR part 40, subpart O, after certain events. These events include a positive drug test result, an alcohol confirmation test result of 0.04 or higher, refusal to submit to a test, and actual knowledge of a driver's alcohol or controlled substance use.

The rule says

"No employer may allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which an employer determines that a driver is not in compliance with the return-to-duty requirements in 49 CFR part 40, subpart O, after the occurrence of any of the following events: (a) The driver receives a positive, adulterated, or substituted drug test result conducted under part 40 of this title." (49 CFR 382.217)

In plain English

This rule means that if a driver fails a drug or alcohol test, or refuses to take one, the employer must remove them from duty until they complete the return-to-duty process. This process typically involves evaluation and treatment by a substance abuse professional, followed by a negative return-to-duty test. Employers must also be aware of any actual knowledge they have about a driver's substance use, such as if the driver admits to using a controlled substance or is found to have been drinking on duty.

What to do

• Remove the driver from duty immediately if they fail a drug or alcohol test, or refuse to take one.
• Ensure the driver completes the return-to-duty process, including evaluation and treatment by a substance abuse professional.
• Keep records of the driver's test results and return-to-duty process.
• Train supervisors and managers to recognize the signs of substance use and report any concerns to the designated representative.