49 C.F.R. §382.213 - Controlled substance use

Cite as49 C.F.R. §382.213
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14 cases
  • Bey v. Wash. Metro. Area Transit Auth., Civil Action No. 14-1115 (RBW)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 11, 2018
    ...was in compliance with a federal regulation, which permits employers to require drivers to report their prescription usage. See 49 C.F.R. § 382.213(e) (2012) ("An employer may require a driver to inform the employer of any therapeutic drug use."). Thus, the plaintiff has not met his burden ......
  • Toste v. Calportland Constr., 2d Civil No. B256946
    • United States
    • California Court of Appeals
    • March 2, 2016
    ...negligence per se theories. With respect to negligence per se, the jury was instructed that a Federal Motor Carrier Safety Regulation (49 C.F.R. § 382.213 ) prohibited truck drivers from using marijuana. (CACI 4520.) The jury was also instructed that Vehicle Code section 23152 prohibited a ......
  • Woodruff v. Ohio Dep't of Transp.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • April 9, 2021
    ...of Transportation drug testing regulations (49 C.F.R. § 40.1 et seq.) and Federal Motor Carrier Safety Administration regulations (49 C.F.R. § 382 et seq.). (See also ODOT correspondence, Doc. 61-6 at PAGEID 1628). Commercial motor vehicle operators are subject to drug testing:In the intere......
  • Graham v. Contract Transportation, Inc., 4-98-CV-90546 (S.D. Iowa 4/24/2001)
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Southern District of Iowa
    • April 24, 2001
    ...1996, Dr. Fogarty reinstated Graham's positive test result, declaring "Mr. Graham to be positive for amphetamines and in violation of 49 C.F.R. Part 382 Subpart B."2 Dr. Fogarty's letter to CT continued:" [A] driver cannot assume driving duties after testing positive until there is an evalu......
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9 firm's commentaries
  • FMCSA Raises Random Drug Testing Rate to 50% For 2020
    • United States
    • LexBlog United States
    • December 30, 2019
    ...Pre-duty alcohol use pursuant to 49 CFR § 382.207; Alcohol use following an accident pursuant to 49 CFR § 382.209; Drug use pursuant to 49 CFR § 382.213; A SAP’s report of the successful completion of the return-to-duty process; A negative return-to-duty test; and, An employer’s report of c......
  • FMCSA Clearinghouse Registration Is Now Open; Clearinghouse Goes Live on January 6, 2020
    • United States
    • LexBlog United States
    • October 1, 2019
    ...Pre-duty alcohol use pursuant to 49 CFR § 382.207; Alcohol use following an accident pursuant to 49 CFR § 382.209; Drug use pursuant to 49 CFR § 382.213; A SAP’s report of the successful completion of the return-to-duty process; A negative return-to-duty test; and, An employer’s report of c......
  • FMCSA Clearinghouse Rules Take Effect On January 6, 2020: Are You Ready?
    • United States
    • LexBlog United States
    • May 8, 2019
    ...Pre-duty alcohol use pursuant to 49 CFR § 382.207; Alcohol use following an accident pursuant to 49 CFR § 382.209; Drug use pursuant to 49 CFR § 382.213; A SAP’s report of the successful completion of the return-to-duty process; A negative return-to-duty test; and, An employer’s report of c......
  • Statutory Violation Does Not Establish Causation in Wrongful Death Action
    • United States
    • JD Supra United States
    • March 7, 2016
    ...was audible for 200 feet. Prior to their deliberation, the trial court instructed the jury on Federal Motor Carrier Safety Regulation 49 CFR § 382.213, which prohibits truck drivers from using Schedule I drugs. The jury found the driver was negligent, but that his negligence was not a subst......
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