Subpart F- Alcohol Misuse and Controlled Substances Use Information, Training, and, Referral. 

§382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

• General requirements. Each employer shall provide educational materials that explain the requirements of this part 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 this part 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 the information.
• 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 the drivers who are subject to the provisions of this part:
  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 this part;
  4. Specific information concerning driver conduct that is prohibited by this part;
  5. The circumstances under which a driver will be tested for alcohol and/or controlled substances under this part, including post-accident testing under §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 §382.303(d);
  7. The requirement that a driver submit to alcohol and controlled substances test administered in accordance with this part;
  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 this part, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under part 40, subpart O, of this title;
  10. The consequences for drivers found to have and alcohol concentration of 0.02 or greater but less than 0.04;
  11. Information concerning the effects of alcohol and controlled substance 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 controlled substances problem is suspected, including confrontation, referral to any employee assistance program and or referral to management.
• 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 independence of this part. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.
• 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 this section. Each employer shall maintain the original of the signed certificate and may provide a copy of the certificate to the driver.

§382.603 Training for supervisors.

Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substance use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307. The training shall include the physical, behavioral, speech, and performance indicators of the probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required.