Violation codeDrug & Alcohol

§382.301

No pre-employment drug test

49 CFR §382.301

Before a driver performs any safety-sensitive function for a carrier, the driver must take a controlled substances test with a verified negative result. Failure is a Controlled Substances and Alcohol BASIC violation.

At a glance

Severity
10
OOS eligible
No
BASIC category
Controlled Substances and Alcohol
Typical fine
Up to $19,246 per violation (carrier)

Section 382.301 requires every CMV driver to take a controlled substances (drug) test before performing any safety-sensitive function — meaning before the first dispatch. The test must be administered by a DOT-qualified collection site, processed by a HHS-certified lab, reviewed by a Medical Review Officer, and the result must be verified negative.

What counts as a safety-sensitive function

Driving, supervising loading and unloading, fueling the vehicle, repairing or attending to the vehicle, or accompanying the vehicle while it is being towed.

How to comply

  • Enroll in a Consortium / Third-Party Administrator (C/TPA) before hiring drivers.
  • The C/TPA arranges collection and lab processing.
  • The MRO verifies the result; you receive a negative verified result.
  • Retain the result for 5 years (longer for non-negatives).

When the §382.301 test is not required

If the driver was tested under §382.301 within the past six months and has been continuously enrolled in a random testing program meeting §382 since, the prior negative may suffice. Document the chain.

Severity weight

This is severity weight 10 — the highest in the Controlled Substances and Alcohol BASIC. New-entrant carriers fail audits over §382.301 routinely.

How Roadworthy HQ helps

D&A test results are recorded on the driver's Drug & Alcohol tab by type (pre-employment, random, post-accident, reasonable suspicion, return-to-duty, follow-up), with the result document and chain-of-custody form uploaded alongside and the §382.401 retention period assigned from the result. A negative pre-employment result marks the driver cleared on their record, and a driver with no pre-employment result on file triggers an alert. The cleared flag is a banner, not an enforcement: roadworthy HQ has no dispatch system, so nothing in it can stop a driver or a vehicle from being assigned a load.

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Free toolRandom Pool Rate Calculator →Part 382 turns on the random-testing pool — see how many tests yours owes this year at the current rates.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights