- § 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
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View the regulations for Part 382
Guidance for § 382.603: Training for supervisors.
Question 1: Does §382.603 require employers to provide recurrent training to supervisory personnel?
Guidance: No.
Question 2: May an employer accept proof of supervisory training for a supervisor from another employer?
Guidance: Yes.
Question 3: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee?
Guidance: No. The requirements of §§382.307 and 382.603 are not applicable to owner-operators in non-supervisory positions. §382.307 requires employers to have a driver submit to an alcohol and/or controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of part 382. Applying §382.307, Reasonable Suspicion Testing, to an owner-operator who is an employer and the only employee contradicts both “reason” and “suspicion” implicit in the title and the purpose of §382.307. A driver who has self-knowledge that he/she has violated the prohibitions of subpart B of part 382 is beyond mere suspicion. Furthermore, §382.603 requires “all persons designated to supervise drivers” to receive training that will enable him/her to determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307. An owner-operator who does not hire or supervise other drivers is not in a supervisory position, no rare they subject to the testing requirements of §382.307. Therefore, such an owner-operator would not be subject to the training requirements of §382.603.