Ask X3What does 49 CFR 382.415 (Notification to employers of a controlled substances or alcohol testing program violation) require?
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According to 49 CFR 382.415, if one of your commercial driver's license (CDL) holders violates the alcohol and controlled substances prohibitions and has not completed the required return-to-duty process under part 40, subpart O, that driver must notify you in writing of the violation.
As a motor-carrier owner, here is what you need to know about the timing and exceptions for this notification:
* Timing: The driver must give you this written notice before the end of the business day following the day they received notice of the violation, or before they perform any safety-sensitive function—whichever happens first.
* Exception: The driver does not have to notify you if your company was the one that administered the test or documented the circumstances that caused the violation.