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49 CFR Part 382 reference
Last Updated: 09/24/2026
49 CFR Part 382, "Controlled Substances and Alcohol Use and Testing," applies to employers of drivers who need a commercial driver's license (CDL) and to the drivers themselves (49 CFR 382.103). It says who must be tested and when; the testing procedures themselves are in 49 CFR Part 40. The full current text is on eCFR.
What each subpart covers
| Subpart | Covers |
|---|---|
| A: General | Applicability, definitions (including "actual knowledge" and "safety-sensitive function"), and employer and driver responsibilities. |
| B: Prohibitions | Alcohol concentration of 0.04 or greater, on-duty and pre-duty alcohol use, controlled substance use, and refusals. |
| C: Tests required | Pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing (382.301 to 382.311). |
| D: Handling of test results, records retention, and confidentiality | Recordkeeping periods, the annual MIS summary, and previous employer checks. |
| E: Consequences for drivers | Removal from safety-sensitive functions and referral to a SAP. |
| F: Education and training | Company policy, driver education, and supervisor training. |
| G: Drug and Alcohol Clearinghouse | Queries, consent, reporting, registration, and corrections (382.701 to 382.727). |
Clearinghouse sections (Subpart G)
- §382.701 Drug and Alcohol Clearinghouse: pre-employment and annual queries
- §382.703 Driver consent
- §382.705 Reporting to the Clearinghouse
- §382.707 Notice to drivers and §382.709 Drivers' access
- §382.711 Registration, §382.713 Duration of access, and §382.715 Authorization to enter information
- §382.717 Correcting information and §382.719 Availability and removal of information
- §382.725 Access by state licensing authorities and §382.727 Penalties
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