What does a pre-employment drug test require under 49 CFR 382.301?

Short answer

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

The rule says

"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))

"An employer is not required to administer a controlled substances test required by paragraph (a) of this section if: (1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days" (49 CFR 382.301(b))

In plain English

This rule means that before a new driver can start working, they need to pass a drug test. The employer can't let them drive a commercial vehicle until the test results come back negative. There's an exception if the driver has already been part of a drug testing program in the last 30 days and meets certain conditions. In a real audit, inspectors will check to make sure employers have the required test results on file for each driver.

What to do

• Ensure all new drivers undergo a pre-employment drug test before performing safety-sensitive functions.
• Verify the test results are negative before allowing the driver to work.
• Keep records of the test results on file for each driver.
• Consider using the exception in paragraph (b) if the driver has recently participated in a controlled substances testing program.