- § 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 § 382.115: Starting date for testing programs.
Question 1: In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing?
Guidance: Part 382 testing applies to governmental entities, including those of the Federal government, the States, and political subdivisions of the States. An employer is defined as any person that owns or leases Commercial Motor Vehicle (CMV)s, or assigns drivers to operate them. Therefore, any governmental entity, or a subunit of it that controls CMVs and the day-to-day operations of its drivers, may be considered the employer for purposes of part 382. For example, a city government divided into various departments, such as parks and public works, could consider the departments as separate employers if the CMV operations are separately controlled. The city also has the option of deeming the city as the employer of all of the drivers of the various departments.