(c) No employer having actual knowledge that a driver has used a controlled substance, as defined in § 382.107, shall permit the driver to perform or continue to perform a safety-sensitive function, except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history ...
( a) Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.
Attached is an updated MS Word version of our disability rule, 14 CFR Part 382, which incorporates the latest amendment (section 382.40 (a): lifts for aircraft with 31 or more seats). This MS Word file is now an up-to-date version of …
This Bill of Rights describes the fundamental rights of air travelers with disabilities under the Air Carrier Access Act and its implementing regulation, 14 Code of Federal Regulations (CFR) Part 382.
Question 4: Would an alcohol test, performed by an employer pursuant to 49 CFR part 382, with a result greater than 0.00 BAC, but less than 0.02 BAC, establish that a driver was in violation of 49 CFR 392.5 (a) (2), having …
Chapter I. Pipeline and Hazardous Materials Safety Administration, Department of Transportation. 100 – 199. Chapter II. Federal Railroad Administration, Department of Transportation. 200 – 299. Chapter III. Federal Motor Carrier Safety Administration, Department of Transportation. 300 – 399.
The records shall be maintained in a secure location with controlled access. ( b) Period of retention. Each employer shall maintain the records in accordance with the following schedule: ( 1) Five years. The following records shall be maintained for a minimum of five years: ( i) Records of driver alcohol test results indicating an alcohol ...
You must include the International Symbol of Accessibility if the lavatory is capable of providing a seated independent transfer. ( 4) You must develop and, upon request, inform passengers of trash disposal procedures and processes for sharps and bio-waste. ( 5) You must comply with the provisions of this paragraph (h) by October 2, 2026.
This manual is a guide to the Air Carrier Access Act (ACAA) and its implementing regulations, 14 CFR part 382 (part 382). It is designed to serve as a brief but
The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under § 382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel ...
The regulations in 49 CFR Part 382 apply to drivers operating a commercial motor vehicle (CMV) requiring a commercial driver's license (CDL) or commercial learner's permit (CLP) in commerce.
Title 49, part 382 of the Electronic Code of Federal Regulations.
The new minimum annual percentage rate for random controlled substances testing will be applicable starting January 1 of the calendar year following publication in the Federal Register. ( g) When the minimum annual percentage rate for random controlled substances testing is 50 percent, the FMCSA Administrator may lower this rate to 25 percent ...
Displaying title 14, up to date as of 6/24/2024. Title 14 was last amended 6/24/2024. view historical versions. Title 14. Chapter II. Subchapter D. Part 382. Subpart K. § 382.159.
2 See DOT-OST-2012-0030, In Re Petition for Rule Change of Title 14 CFR Part 382.81(d) Pertaining to Disabled Seating Accommodations (February 7, 2012).
The Department of Transportation's (DOT) rule, 49 CFR Part 40, describes required procedures for conducting workplace drug and alcohol testing for the Federally regulated transportation industry.
( a) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.
In 1990, the Department of Transportation (DOT) published Part 382, the regulations defining the rights of passengers with disabilities and the obligations of U.S. air carriers under the ACAA (55 FR 8008; March 6, 1990).
The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of …
4.P4.JTF_.Applicable Provisions in 14 CFR Part 382.pdf Last updated: Monday, August 15, 2016
Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer?
49 CFR Part 382 - PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
May a CDL skills test examiner conduct a driving skills test administered in accordance with part 383 before a person subject to 49 CFR part 382 is tested for alcohol and controlled substances? §383.71 – Driver Application Procedures. Question 1: May a CDL skills test examiner conduct a driving skills test administered in accordance with ...
14 CFR Part 382 - PART 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL
Generally, all CDL drivers who operate commercial motor vehicles subject to the CDL requirements on public roads in the U.S. are performing safety-sensitive functions and are subject to DOT drug and alcohol testing (§382.103). This includes all full-time, part-time, intermittent, backup and international drivers.
§ 382.91 What assistance must carriers provide to passengers with a disability in moving within the terminal?
DOT Agency means an agency (or "operating administration") of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing ( 14 CFR parts 61, 63, 65, 121, and 135; 49 CFR parts 199, 219, 382, and 655 ), in accordance with part 40 of this title.
While there are no DOT qualification requirements for a consortium or third-party administrator, the expectation is that they know all of the employer requirements and responsibilities under 49 CFR Part 40 and Part 382, including the related requirements of Part 383 (CDL Licensing), Part 391 (Driver Qualifications), and Part 392 (Driving of …
DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARYThe Secretary of the U.S. Department of Transportation, Pete Buttigieg, signed the following notice of proposed rulemaking (NPRM) on February 27, 2024, and we are s. bmitting it for publication in the Federal Register. While we have taken steps to ensure the accuracy of this Internet.
§ 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
49 CFR Part 382 is the Federal Motor Carrier Safety Administration (FMCSA) regulations on "controlled substances and alcohol use and testing." All this means is that it lays out the FMCSA policy on drugs, alcohol, testing, and training.
The (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
Q1. What is "actual knowledge" as used in Part 382, Subpart B? A1. "Actual knowledge" is defined in 382.107 and means that an employer has knowledge that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer (s), a traffic ...
The controlled substances and alcohol regulations require that you have a policy statement that incorporates your position and information on virtually all aspects of your controlled substances use and alcohol misuse program (382.601).
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.
