Electronic Code of Federal Regulations (eCFR) - Title 49 - Part 382 - Controlled Substances and Alcohol Use and Testing

Sep 18, 2026

Title 49 establishes Part 382 of the Electronic Code of Federal Regulations (eCFR), governing controlled substances and alcohol use and testing for drivers of commercial motor vehicles. The provisions organize the regulatory framework into general rules, prohibited conduct, required testing, and subparts addressing record retention, confidentiality, and consequences for substance-use-related behavior. It also covers information handling for the Commercial Driver’s License Drug and Alcohol Clearinghouse, including driver consent, reporting, access, correction, and penalties, while defining purpose and applicability for affected employers and service agents.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages104

Reading Time4 h 22 min

AccessFree to download

Subpart A—General

§382.101 Purpose

§382.103 Applicability

Subpart B—Prohibitions

§382.201 Alcohol concentration

§382.205 On-duty use

§382.207 Pre-duty use

§382.209 Use following an accident

§382.211 Refusal to submit to a required alcohol or controlled substances test

§382.213 Controlled substance use

§382.215 Controlled substances testing

§382.217 Employer responsibilities

Subpart C—Tests Required

§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

§382.311 Follow-up testing

Subpart D—Handling of Test Results, Records Retention, and Confidentiality

§382.401 Retention of records

§382.403 Reporting of results in a management information system

§382.405 Access to facilities and records

§382.407 Medical review officer notifications to the employer

§382.409 Medical review officer or consortium/third party administrator recordretention for controlled substances

§382.411 Employer notifications

§382.413 Inquiries for alcohol and controlled substances information from previousemployers

§382.415 Notification to employersof a controlled substances or alcohol testingprogram violation

Subpart E—Consequences for Drivers Engaging in Substance Use-Related Conduct

§382.501 Removal from safety-sensitive function

§382.503 Required evaluation and testing

§382.505 Other alcohol-related conduct

§382.507 Penalties

Subpart F—Alcohol Misuse and Controlled Substances Use Information, Training, and Referral

§382.601 Employer obligation to promulgate a policy

§382.603 Training for supervisors

§382.605 Referral, evaluation, and treatment

Subpart G—Implementation of the Commercial Driver's License Drug and Alcohol Clearinghouse

§382.701 Drug and Alcohol Clearinghouse

§382.703 Driver consent to permit access

§382.705 Reporting to the Clearinghouse

§382.707 Notice to drivers of entry, revision, removal, or release

§382.709 Drivers' access to information in the Clearinghouse

§382.711 Clearinghouse registration

§382.713 Duration, cancellation, and revocation of access

§382.715 Authorization to enter information

§382.717 Procedures for correcting information in the database

§382.719 Availability and removal of information

§382.721 Fees

§382.723 Unauthorized access or use prohibited

§382.725 Access by State licensing authorities

§382.727 Penalties

Electronic Code of Federal Regulations (eCFR) Page 1 of 50 ELECTRONIC CODE OF FEDERAL REGULATIONS e-CFR data is current as of March 4, 2021 Title 49 → Subtitle B → Chapter III → Subchapter B → Part 382 Title 49: Transportation PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING Contents Subpart A—General §382.101 Purpose. §382.103 Applicability. §382.105 Testing procedures. §382.107 Definitions. §382.109 Preemption of State and local laws. §382.111 Other requirements imposed by employers. §382.113 Requirement for notice. §382.115 Starting date for testing programs. §382.117 Public interest exclusion. §382.119 Stand-down waiver provision. §382.121 Employee admission of alcohol and controlled substances use. §382.123 Driver identification. Subpart B—Prohibitions §382.201 Alcohol concentration. §382.205 On-duty use. §382.207 Pre-duty use. §382.209 Use following an accident. §382.211 Refusal to submit to a required alcohol or controlled substances test.§382.213 Controlled substance use. §382.215 Controlled substances testing. §382.217 Employer responsibilities. Subpart C—Tests Required §382.301 Pre-employment testing. §382.303 Post-accident testing. §382.305 Random testing. https://www.ecfr.gov/cgi-bin/text-idx?SID=66978c5d0067a07d0053d80435e14ea4&mc=tru... 3/8/2021 Electronic Code of Federal Regulations (eCFR) Page 2 of 50 §382.307 Reasonable suspicion testing. §382.309 Return-to-duty testing. §382.311 Follow-up testing. # Subpart D—Handling of Test Results, Records Retention, and Confidentiality §382.401 Retention of records. §382.403 Reporting of results in a management information system. §382.405 Access to facilities and records. §382.407 Medical review officer notifications to the employer. §382.409 Medical review officer or consortium/third party administrator recordretention for controlled substances. §382.411 Employer notifications. §382.413 Inquiries for alcohol and controlled substances information from previousemployers. §382.415 Notification to employersof a controlled substances or alcohol testingprogram violation. # Subpart E—Consequences for Drivers Engaging in Substance Use-RelatedConduct §382.501 Removal from safety-sensitive function. §382.503 Required evaluation and testing. §382.505 Other alcohol-related conduct. §382.507 Penalties. # Subpart F—Alcohol Misuse and Controlled Substances Use Information,Training, and Referral §382.601 Employer obligation to promulgate a policy on the misuse of alcohol anduse of controlled substances. §382.603 Training for supervisors. §382.605 Referral, evaluation, and treatment. # Subpart G—Requirements and Procedures for Implementation of theCommercial Driver's License Drug and Alcohol Clearinghouse §382.701 Drug and Alcohol Clearinghouse. §382.703 Driver consent to permit access to information in the Clearinghouse.§382.705 Reporting to the Clearinghouse. §382.707 Notice to drivers of entry, revision, removal, or release of information.§382.709 Drivers' access to information in the Clearinghouse. §382.711 Clearinghouse registration. §382.713 Duration, cancellation, and revocation of access. §382.715 Authorization to enter information into the Clearinghouse. §382.717 Procedures for correcting information in the database. §382.719 Availability and removal of information. https://www.ecfr.gov/cgi-bin/text-idx?SID=66978c5d0067a07d0053d80435e14ea4&mc=tru... 3/8/2021 Electronic Code of Federal Regulations (eCFR) Page 3 of 50 §382.721 Fees. §382.723 Unauthorized access or use prohibited. §382.725 Access by State licensing authorities. §382.727 Penalties. AUTHORITY: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 32934, Pub. L. 112-141, 126Stat. 405, 830; and 49 CFR 1.87. SOURCE: 66 FR 43103, Aug. 17, 2001, unless otherwise noted. # Back to Top Subpart A—General Back to Top ## §382.101 Purpose. The purpose of this part is to estab

FAQs

What is the purpose of Part 382 for commercial motor vehicle drivers?

Part 382 establishes programs intended to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

To whom does Part 382 apply?

Part 382 applies to service agents and employers (and relevant drivers) operating commercial motor vehicles in commerce in any State, including those subject to commercial driver’s license requirements, and it addresses employer obligations for covered employees in random testing pools.

What does Part 382 require regarding testing and related record handling?

Part 382 requires multiple categories of alcohol and controlled substances testing (e.g., pre-employment, random, and post-accident) and also sets rules for retention of records, reporting, access to records, medical review officer notifications, and confidentiality. It further specifies consequences for drivers who engage in prohibited substance-use-related conduct.

Sep 18, 2026

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