07 / DRUG TESTING AND THE CLEARINGHOUSE
药酒检测与 ClearinghouseDrug testing and the Clearinghouse
上岗前检测、事故后检测和 Clearinghouse 查询各有触发条件。司机和承运人应分开核对，不能用其中一项替代另一项。Pre-employment testing, post-accident testing and Clearinghouse queries have different triggers. Drivers and carriers must check them separately rather than use one as a substitute for another.
上岗前检测、事故后检测和 Clearinghouse 查询各有触发条件。司机和承运人应分开核对，不能用其中一项替代另一项。Pre-employment testing, post-accident testing and Clearinghouse queries have different triggers. Drivers and carriers must check them separately rather than use one as a substitute for another.
适用于 Part 382 覆盖、需要 CDL 的商业驾驶工作；州内或州际不能单独决定是否豁免。本文是办理顺序概览，不处理个人检测结果或回岗资格裁定。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.
先弄清这几条要求Start with these requirements
通常先收到核实阴性结果，再安排安全敏感工作Normally receive the verified negative result before safety-sensitive work
- 具体要求What the rule requires
- 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可安排。已有检测经历不自动豁免；使用本条(b)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.
首次安排安全敏感工作前全量查询，之后至少每年查询Run a full query before the first safety-sensitive work, then query at least annually
- 具体要求What the rule requires
- 首次安排该司机执行安全敏感工作前须进行 Clearinghouse 全量查询；在职司机至少每年查询一次。符合条件的年度有限查询若显示有记录，应在 24 小时内完成全量查询；未及时完成时，不得继续安排安全敏感工作，直到全量查询确认没有禁止上岗的记录。A full Clearinghouse query is required before permitting the driver’s first safety-sensitive work, with a query at least annually afterward. If a qualifying annual limited query indicates a record, complete the full query within 24 hours. If that deadline is missed, do not allow safety-sensitive work until a full query confirms no prohibiting record.
(a) (a) Pre-employment query required. (1) Employers must not employ a driver subject to controlled substances and alcohol testing under this part to perform a safety-sensitive function without first conducting a pre-employment query of the Clearinghouse to obtain information about whether the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance, in violation of § 382.213.
(a)(2) (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b) (b) Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees.
(b)(2) (2) In lieu of a full query, as described in paragraph (a)(2) of this section, an employer may obtain the individual driver's consent to conduct a limited query to satisfy the annual query requirement in paragraph (b)(1) of this section. The limited query will tell the employer whether there is information about the individual driver in the Clearinghouse, but will not release that information to the employer. The individual driver may give consent to conduct limited queries that is effective for more than one year.
(b)(3) (3) If the limited query shows that information exists in the Clearinghouse about the individual driver, the employer must conduct a full query, in accordance with paragraph (a)(2) of this section, within 24 hours of conducting the limited query. If the employer fails to conduct a full query within 24 hours, the employer must not allow the driver to continue to perform any safety-sensitive function until the employer conducts the full query and the results confirm that the driver's Clearinghouse record contains no prohibitions as defined in paragraph (d) of this section.
(d) (d) Prohibition. No employer may allow a driver the employer employs or intends to hire or use to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of § 382.211; or that an employer has reported actual knowledge, as defined at § 382.107, that the driver used alcohol on duty in violation of § 382.205, used alcohol before duty in violation of § 382.207, used alcohol following an accident in violation of § 382.209, or used a controlled substance in violation of § 382.213, except where a query of the Clearinghouse demonstrates:
(d)(1) (1) That the driver has successfully completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP.
(d)(2) (2) That, if the driver has not completed all follow-up tests as prescribed by the SAP in accordance with § 40.307 of this title and specified in the SAP report required by § 40.311 of this title, the driver has completed the SAP evaluation, referral, and education/treatment process set forth in part 40, subpart O, of this title and achieves a negative return-to-duty test result, and the employer assumes the responsibility for managing the follow-up testing process associated with the testing violation.
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.
查询需要对应的司机同意Obtain the consent required for the query
- 具体要求What the rule requires
- 查询前须取得本条要求的司机同意；全量查询有 Clearinghouse 内的具体电子同意要求。司机拒绝提供必要同意时，雇主不能让其执行安全敏感工作。Obtain the driver consent required by this section before querying. Full queries require the specific electronic consent in the Clearinghouse. If the driver refuses necessary consent, the employer may not permit safety-sensitive work.
(a) (a) No employer may query the Clearinghouse to determine whether a record exists for any particular driver without first obtaining that driver's written or electronic consent. The employer conducting the search must retain the consent for 3 years from the date of the last query.
(b) (b) Before the employer may access information contained in the driver's Clearinghouse record, the driver must submit electronic consent through the Clearinghouse granting the employer access to the following specific records:
(c) (c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraph (a) or (b) of this section.
(d) (d) A driver granting consent under this section must provide consent electronically to the Agency through the Clearinghouse prior to release of information to an employer in accordance with § 382.701(a)(2) or (b)(3).
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.
事故检测先判断触发条件，再按时限处理Check the accident trigger before applying testing deadlines
- 具体要求What the rule requires
- 死亡事故与特定非死亡事故的触发条件不同。有人离场就医或车辆因损坏被拖走的非死亡事故，还须结合该司机在规定时段内是否收到相关行车违法传票判断。要求酒精检测但两小时未完成，应记录原因；八小时后停止尝试并留记录。药物检测在 32 小时未完成后停止尝试并留记录。必要急救不得为等检测而延误。Fatal and qualifying nonfatal accidents have different triggers. For nonfatal injuries treated away from the scene or disabling tow-away damage, also check whether the driver received the relevant moving-violation citation within the specified window. If required alcohol testing is not completed within two hours, record why; stop attempts after eight hours and document. Stop required drug-test attempts after 32 hours and document. Do not delay necessary medical care.
- 条件与例外Conditions and exceptions
- 非死亡事故的传票窗口：酒精检测为事故后 8 小时内，药物检测为 32 小时内。不是每次小碰擦都自动触发联邦事故后检测。For nonfatal accidents, the citation window is eight hours for alcohol testing and 32 hours for controlled-substances testing. Not every minor collision automatically triggers federal post-accident testing.
(a) (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
(a)(1) (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(a)(2) (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(a)(2)(i) (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(a)(2)(ii) (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b) (b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:
(b)(1) (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(b)(2) (2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(b)(2)(i) (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(b)(2)(ii) (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(d)(1) (d)(1) Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
(d)(2) (2) Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.
(e) (e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
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.
教学例子WORKED EXAMPLE
新司机说“上一家公司已经查过”A new driver says the previous carrier already checked
教学场景：司机刚换车队，过去参加过药酒检测项目，准备当天出车。Illustrative scenario: a driver changes carriers after participating in a testing program and plans to drive that day.
分开核对检测与查询Check testing and queries separately
核对是否已有本次雇主可依法采用的检测结果或完整例外材料，再完成该雇主所需的 Clearinghouse 全量查询。Verify a test result the new employer may lawfully rely on or complete exception documentation, then perform that employer’s required full Clearinghouse query.
结果和同意未到，不先派车Do not dispatch while consent or clearance is missing
需要的同意、核实阴性结果或查询结果未满足前，不以“先跑一趟”替代上岗条件。Do not substitute a trial trip for missing required consent, a verified negative result or query clearance.
检测、同意、查询和随机检测项目是并行义务，不能互相抵消。Testing, consent, queries and the random-testing program are parallel duties, not substitutes.
实际工作中，最容易弄错的地方Common mistakes in day-to-day work
“年度查询通过，就不用随机检测”“A clear annual query replaces random testing”
Clearinghouse 查询不替代 Part 382 随机检测等项目要求；各项记录和时间节点分别管理。A Clearinghouse query does not replace the Part 382 random-testing program or other required tests; manage their records and deadlines separately.
完整原文与来源Full text and sources
法规原文 · 英文REGULATION TEXT · ENGLISH
司机入职前检测§ 382.301 Pre-employment testing.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
酒精与药物记录查询（Clearinghouse）§ 382.701 Drug and Alcohol Clearinghouse.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
查询 Clearinghouse 前的司机授权§ 382.703 Driver consent to permit access to information in the Clearinghouse.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
事故后的酒精与药物检测§ 382.303 Post-accident testing.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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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.