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49 CFR PART 40 PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG TESTING PROGRAMS Subpart A Administrative Provisions 40.1 Who does this regulation cover? 40.3 What do the terms used in this regulation

How to fill out 49 cfr part 40

How to fill out 49 CFR Part 40?

1. Begin by familiarizing yourself with the purpose and requirements of 49 CFR Part 40. This regulation is issued by the Department of Transportation (DOT) and pertains to drug and alcohol testing in the transportation industry.
2. Understand the scope of the regulation. 49 CFR Part 40 applies to employers, employees, and service agents involved in safety-sensitive transportation positions, such as commercial drivers, pilots, and railroad operators.
3. Identify the specific sections within 49 CFR Part 40 that are applicable to your situation. The regulation covers various aspects of the drug and alcohol testing process, including the responsibilities of employers, types of testing required, and procedures for conducting tests.
4. Ensure compliance with the requirements for pre-employment testing. As part of the hiring process for safety-sensitive positions, employers must conduct drug tests before allowing an individual to perform safety-sensitive duties. Familiarize yourself with the appropriate procedures and documentation needed for this type of testing.
5. Understand the rules for post-accident testing. If any qualifying accidents occur involving a commercial vehicle, employers must follow specific guidelines for conducting drug and alcohol tests on the involved employees. Be aware of the timeframes and procedures outlined in the regulation.
6. Familiarize yourself with the provisions for random testing. Employers are required to conduct random drug and alcohol tests on a percentage of their safety-sensitive employees each year. Understand the requirements for selecting employees for these tests and the procedures for conducting them.
7. Review the steps for reasonable suspicion testing. If an employer has reasonable suspicion that an employee is under the influence of drugs or alcohol, they must follow specific protocols for testing. Educate yourself on the signs and symptoms of impairment and the required documentation for this type of testing.
8. Ensure compliance with the regulations for return-to-duty testing and follow-up testing. If an employee has violated the drug and alcohol regulations, they must successfully complete a return-to-duty process, including testing, before resuming safety-sensitive duties. Understand the requirements and timelines for this process.

Who needs 49 CFR Part 40?

1. Employers in the transportation industry who have safety-sensitive positions, such as commercial motor carriers, airline operators, railroad companies, and pipeline operators.
2. Employees in safety-sensitive positions, including commercial truck drivers, bus drivers, airline pilots, flight attendants, train operators, and pipeline workers.
3. Service agents who provide assistance to employers in implementing drug and alcohol testing programs, such as Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and drug testing laboratories.

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