What does 49 CFR 382.301 (Pre-employment testing) require?

Short answer

49 CFR 382.301 requires pre-employment testing for controlled substances before a driver performs safety-sensitive functions, unless the employer uses the exception in paragraph (b). The employer must receive a verified negative test result from the MRO or C/TPA before allowing the driver to perform safety-sensitive functions.

The rule says

"Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section." (49 CFR 382.301(a))

"No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver." (49 CFR 382.301(a))

In plain English

This rule means that before a new driver can start driving for an employer, they must pass a drug test. The employer can't let the driver do any safety-sensitive work until they get the test results back and they're negative. There's an exception if the driver has already been tested recently, but the employer still needs to verify that with the previous employer.

What to do

• Ensure that all new drivers undergo pre-employment testing for controlled substances before performing safety-sensitive functions.
• Verify that the testing program used meets the requirements of 49 CFR part 40.
• Obtain and retain the required information from the testing program, including the test results and verification of the driver's participation in the program.
• Maintain records of the testing program and results in accordance with 49 CFR 382.401.