Current through Register Vol. 48, No. 9, September 27, 2024
(a) General requirements. Each employer shall
provide educational materials that explain the requirements of 38-382 and the
employer's policies and procedures with respect to meeting these requirements.
(1) The employer shall ensure that a copy of
these materials is distributed to each driver prior to the start of alcohol and
controlled substances testing under 38-382 and to each driver subsequently
hired or transferred into a position requiring driving a commercial motor
vehicle.
(2) Each employer shall
provide written notice to representatives of employee organizations of the
availability of this information.
(b) Required content. The materials to be
made available to drivers shall include detailed discussion of at least the
following:
(1) The identity of the person
designated by the employer to answer driver questions about the
materials;
(2) The categories of
drivers who are subject to the provisions of 38-382;
(3) Sufficient information about the
safety-sensitive functions performed by those drivers to make clear what period
of the work day the driver is required to be in compliance with
38-382;
(4) Specific information
concerning driver conduct that is prohibited by 38-382;
(5) The circumstances under which a driver
will be tested for alcohol and/or controlled substances under 38-382, including
post-accident testing under Regulation 38-382.303(d);
(6) The procedures that will be used to test
for the presence of alcohol and controlled substances, protect the driver and
the integrity of the testing processes, safeguard the validity of the test
results, and ensure that those results are attributed to the correct driver,
including post-accident information, procedures and instructions required by
Regulation 38-382.303(d);
(7) The
requirement that a driver submit to alcohol and controlled substances tests
administered in accordance with 38-382;
(8) An explanation of what constitutes a
refusal to submit to an alcohol or controlled substances test and the attendant
consequences;
(9) The consequences
for drivers found to have violated subpart B of 38-382, including the
requirement that the driver be removed immediately from safety-sensitive
functions, and the procedures under part 40, subpart O;
(10) The consequences for drivers found to
have an alcohol concentration of 0.02 or greater but less than 0.04;
(11) Information concerning the effects of
alcohol and controlled substances use on an individual's health, work, and
personal life; signs and symptoms of an alcohol or a controlled substances
problem (the driver's or a co-worker's); and available methods of intervening
when an alcohol or a controlled substances problem is suspected, including
confrontation, referral to any employee assistance program and or referral to
management.
(c) Optional
provision. The materials supplied to drivers may also include information on
additional employer policies with respect to the use of alcohol or controlled
substances, including any consequences for a driver found to have a specified
alcohol or controlled substances level, that are based on the employer's
authority independent of 38-382. Any such additional policies or consequences
must be clearly and obviously described as being based on independent
authority.
(d) Certificate of
receipt. Each employer shall ensure that each driver is required to sign a
statement certifying that he or she has received a copy of these materials
described in 38-382. Each employer shall maintain the original of the signed
certificate and may provide a copy of die certificate to the driver.
