No. Under 49 CFR 382.301(d), an employer may conduct pre-employment alcohol testing but is not required to. An employer that chooses to test must test each covered employee before the first performance of safety-sensitive functions and must treat all safety-sensitive employees the same. The test takes place after a contingent offer of employment or transfer and follows Part 40 alcohol testing procedures. The employee may not begin safety-sensitive functions unless the result shows an alcohol concentration of less than 0.04.
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