Violation codeDrug & Alcohol

§382.307

Reasonable-suspicion test not administered

49 CFR §382.307

A trained supervisor observing a driver's behavior may require an immediate reasonable-suspicion test. Failure to test, when reasonable suspicion exists, is a documented audit risk.

At a glance

Severity
5
OOS eligible
No
BASIC category
Controlled Substances and Alcohol
Typical fine
Audit-time penalty; pattern findings shift CR rating

§382.307 authorizes a controlled-substances or alcohol test based on the carrier-supervisor's observation of specific articulable indicators — appearance, behavior, speech, body odors — that point to current use. The observation must come from a supervisor trained in the §382.603 1-hour controlled-substances module and the 1-hour alcohol module (a separate hour for each).

Supervisor training

§382.603 requires every supervisor designated to make reasonable-suspicion determinations to complete 60 minutes of training on the symptoms of controlled-substances use and another 60 minutes on alcohol. The training is one-time; refreshers are recommended but not strictly required.

The observation must be documented

§382.307(b) requires the observations to be made by a trained supervisor and documented in writing within 24 hours. The documentation goes in the driver's §382.401 D&A file. The driver is removed from safety-sensitive function pending the test result.

Audit and litigation risk

A documented reasonable suspicion that does not result in a test is a finding. A pattern (supervisor flagged → no test → driver later involved in accident) is litigation exposure beyond the audit penalty.

How to prevent it

  • Train every dispatch supervisor under §382.603. File the certificates in their personnel record.
  • Adopt a reasonable-suspicion checklist; the documented observation in §382.307(b) form is the basis of the test order.
  • Have a 24/7 collection arrangement so "no available collector" is never the reason for skipping.

How Roadworthy HQ helps

The §382.603 supervisor training certificate uploads as a carrier-level record on the Documents page, with its retention period enforced, and the reasonable-suspicion test result is recorded on the driver's Drug & Alcohol tab. Roadworthy HQ has no log for the supervisor's written observations; keep that record with the test paperwork and upload it with the result. The audit binder export is a ZIP of the documents you have uploaded, sorted into sections, with a manifest.

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