Regulatory requirements
Part 382 of the Federal Motor Carrier Safety Regulations (FMCSRs) places strict prohibitions on the use and abuse of drugs and alcohol by commercial motor vehicle (CMV) drivers. If a driver possesses a commercial driver’s license (CDL), Part 382 prohibits that driver from possessing or using drugs or alcohol while performing any safety-sensitive functions, including driving.
TIP: This training blueprint is intended to provide a general awareness of this topic. It’s not a complete policy or program
as addressed in 382.601 of the FMCSRs.
What’s prohibited?
The regulations prohibit the misuse of alcohol or use of a controlled substance that could affect the performance of safety-sensitive functions.
Alcohol.
A driver may not:
• Use alcohol while performing a safety-sensitive function,
• Use alcohol during the 4 hours before performing a safety-sensitive function,
• Report for duty or remain on duty to perform a safety-sensitive function with an alcohol concentration of 0.04 or greater,
• Use alcohol during the 8 hours following an accident (or until the driver undergoes a post-accident test), or
• Refuse to take a required test.
Controlled substances.
A driver may not:
• Use any drug, except by doctor’s prescription, and then only if the doctor has advised that the drug won’t adversely affect the driver’s ability to safely operate a CMV;
• Test positive for drugs;
• Have an adulterated or substituted drug test result; or
• Refuse to take a required test.
A safety-sensitive function includes all time from the time a driver begins work or is required to be ready for work until the time the driver is relieved from
TIP: Review and discuss the activities that fall under the definition of a safety-sensitive function in 382.107.
The consequences of a violation
If a driver commits a drug or alcohol violation, the motor carrier must immediately pull that driver from performing safety-sensitive functions and provide the driver with a list of substance abuse professionals (SAPs). There are several steps that must happen before the driver can resume performing safety-sensitive functions, including:
• Being evaluated by an SAP,
• Completing the treatment and/or education prescribed by the SAP,
• Being re-evaluated by the SAP, and
• Receiving a negative result on a return-to-duty drug and/or alcohol test.
A driver can resume performing safety-sensitive functions after passing the return-to-duty test. However, the driver must still complete the follow-up testing program that is prescribed by the SAP. At a minimum, the driver will need to complete six follow-up tests over 12 months, but the SAP can require follow-up testing for up to 5 years. ♦
TIP: Ask drivers if they can explain the consequences on their career of a failed drug or alcohol test. If there’s any uncertainty, make sure to go over the consequences.
Provided by J.J. Keller & Associates
To view the full monthly newsletter click here: Drug & Alcohol Testing Article March 2026
