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Home › Regulations › Parts › 382 › § 382.113
  • § 382.103
    Applicability.
  • § 382.107
    Definitions.
  • § 382.109
    Preemption of State and local laws.
  • § 382.113
    Requirement for notice.
  • § 382.115
    Starting date for testing programs.
  • § 382.121
    Employee admission of alcohol and controlled substances use.
  • § 382.205
    On-duty use.
  • § 382.213
    Controlled substance use.
  • § 382.301
    Pre-employment testing.
  • § 382.303
    Post-accident testing.
  • § 382.305
    Random testing.
  • § 382.307
    Reasonable suspicion testing.
  • § 382.309
    Return-to-duty testing.
  • § 382.401
    Retention of records.
  • § 382.403
    Reporting of results in a management information system.
  • § 382.405
    Access to facilities and records.
  • § 382.413
    Inquiries for alcohol and controlled substances information from previous employers.
  • § 382.501
    Removal from safety-sensitive function.
  • § 382.503
    Required evaluation and testing.
  • § 382.507
    Penalties.
  • § 382.601
    Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
  • § 382.603
    Training for supervisors.
  • § 382.605
    Referral, evaluation, and treatment.

Part 382

Below is a the available guidance for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have guidance. To view guidance for a different section, click on the menu item.

The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
View the regulations for Part 382

Guidance for § 382.113: Requirement for notice.

Question 1: Must a notice be given before each test or will a general notice given to drivers suffice?

Guidance: A driver must be notified before submitting to each test that it is required by part 382. This notification can be provided to the driver either verbally or in writing. In addition, the FHWA believes that the use of the DOT Breath Alcohol Testing Form, OMB No. 2105-0529, and the Drug Testing Custody and Control Form, 49 CFR part 40, appendix A, will support the verbal or written notice that the test is being conducted in accordance with Part 382.


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