CTAC 白话解读CTAC explanation
专题：药物、酒精检测与 ClearinghouseTopic: Drug testing and the Clearinghouse适用于 Part 382 覆盖、需要 CDL 的商业驾驶工作。是否豁免，不能仅凭业务在州内还是跨州判断。本文概述办理要求，不判定个人检测结果或回岗资格。For CDL-required commercial driving covered by Part 382; intrastate versus interstate operation alone does not establish an exemption. This is a process overview, not a decision on an individual test result or return-to-duty eligibility.
雇主通常须收到上岗前药检的核实阴性结果，才能安排安全敏感工作The employer normally must receive the verified negative pre-employment drug-test result before safety-sensitive work
- 具体要求What the rule requires
- 司机首次为雇主执行安全敏感工作前，通常须完成药物检测，雇主收到 MRO 或 C/TPA 提供的核实阴性结果后才能安排工作。过去接受过检测，不一定符合豁免；采用本条(b)的例外，须满足既往项目参与和记录核实条件。Before the first safety-sensitive work for an employer, a controlled-substances test is normally required and the employer must receive a verified negative result from the MRO or C/TPA. Prior testing is not an automatic exemption; the paragraph (b) exception requires the specified participation history and verification.
(a) (a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.
(b) (b) An employer is not required to administer a controlled substances test required by paragraph (a) of this section if:
(b)(1) (1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and
(b)(2) (2) While participating in that program, either:
(b)(2)(i) (i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or
(b)(2)(ii) (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
(b)(3) (3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
(c)(1) (c)(1) An employer who exercises the exception in paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
解读核对说明Explanation review notes
药物、酒精检测与 ClearinghouseDrug testing and the Clearinghouse
依据关联的官方原文及官方项目说明起草。中文和英文解读均为 CTAC AI 辅助工作稿，未经人工审核；教学案例不是实际会员记录。采集日期不是法规生效日期。Drafted from linked official texts and agency guidance. Both language interpretations are CTAC AI-assisted drafts pending human review; examples are illustrative, not member records. Capture dates are not legal effective dates.
官方原文与来源Official text & source
§ 382.301 Pre-employment testing.
- 来源版本日期Source edition date
- 2026-10-08
- 收录日期Captured
版本说明Edition note官方来源留存文本；现行汇编及后续修订待核对。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
展开英文原文Read the English original收起英文原文Hide the English original
§ 382.301 Pre-employment testing.
(a)Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.
(b)An employer is not required to administer a controlled substances test required by paragraph (a) of this section if:
(b)(1)The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and
(b)(2)While participating in that program, either:
(b)(2)(i)Was tested for controlled substances within the past 6 months (from the date of application with the employer), or
(b)(2)(ii)Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
(b)(3)The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
(c)(1)An employer who exercises the exception in paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:
(c)(1)(i)Name(s) and address(es) of the program(s).
(c)(1)(ii)Verification that the driver participates or participated in the program(s).
(c)(1)(iii)Verification that the program(s) conforms to part 40 of this title.
(c)(1)(iv)Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.
(c)(1)(v)The date the driver was last tested for controlled substances.
(c)(1)(vi)The results of any tests taken within the previous six months and any other violations of subpart B of this part.
(c)(2)An employer who uses, but does not employ a driver more than once a year to operate commercial motor vehicles must obtain the information in paragraph (c)(1) of this section at least once every six months. The records prepared under this paragraph shall be maintained in accordance with § 382.401. If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a pre-employment controlled substances test.
(d) An employer may, but is not required to, conduct pre-employment alcohol testing under this part. If an employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:
(1) It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).
(2) It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).
(3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.
(4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40 of this title.
(5) It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04.