FMCSA rule 49 CFR 382.601 requires each employer to provide educational materials that explain the requirements of Part 382 and the employer's policies and procedures for meeting them. A copy goes to each driver before testing begins and to each driver later hired or transferred into a position that requires driving a commercial motor vehicle. The employer must also give written notice to representatives of employee organizations that the information is available.
The rule requires a detailed discussion of at least these topics:
1. The person designated to answer driver questions about the materials
2. The categories of drivers covered
3. The safety-sensitive functions those drivers perform
4. Driver conduct prohibited by Part 382
5. The circumstances for testing, including post-accident testing
6. The testing procedures and the protections for the driver and the test
7. The requirement to submit to tests
8. What counts as a refusal and its consequences
9. The consequences of a violation, including immediate removal from safety-sensitive functions and the return-to-duty process
10. The consequences of an alcohol concentration of 0.02 or greater but less than 0.04
11. Information on the effects of alcohol and drug use and methods of intervening
12. The requirement that certain personal information be reported to the Clearinghouse
Under 382.601(d), each driver must sign a statement certifying receipt of a copy of the materials. C/TPAs that help employers prepare program materials can be found in the MyDrugTesting.com directory.
Sources: 49 CFR 382.601
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