49 C.F.R. §382.303 - Post-accident testing

Cite as49 C.F.R. §382.303
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
21 cases
  • Ziemkiewicz v. R+L Carriers, Inc., Civil Action No. RDB–13–0438.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • February 6, 2014
    ...test can only be given in certain circumstances, such as pre-employment, after an accident, or at a random interval. 49 C.F.R. §§ 382.301, 382.303, 382.305. A random drug and alcohol screen must not be announced in advance. 49 C.F.R. § 382.305(k). Rather, the Regulations require that once t......
  • Chhetri v. United States, 15–10644.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • May 12, 2016
    ...requiring or permitting a driver of a passenger-carrying commercial motor vehicle to drive for more than ten consecutive hours. See 49 C.F.R. § 382.303(b) ; id. § 391.11(a), (b)(2); id. § 391.11(a), (b)(4); id. § 395.5(a)(1). In conjunction with these violations, Sky Express was assessed a ......
  • Knecht v. Balanescu, CIVIL ACTION NO. 4:16-CV-00549
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • October 30, 2017
    ...that the employer shall conduct drug and alcohol testing of a driver involved in an accident "[a]s soon asPage 16 practicable." 49 C.F.R. § 382.303(a).3 This testing is mandatory in cases where the accident involves a fatality, or if the commercial driver receives a citation and another per......
  • Bryant v. City of Monroe, CIVIL ACTION NO. 12-2378
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • October 31, 2013
    ...the influence and therefore ineligible for workers' compensation benefits); U.S. Department of Transportation ("DOT") Regulations, 49 C.F.R. § 382.303 (a commercial vehicle driver must undergo a drug test as soon as practicable after a defined occurrence); and U.S. Federal Transportation Au......
  • Request a trial to view additional results
3 firm's commentaries
  • FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis
    • United States
    • LexBlog United States
    • April 1, 2020
    ...– You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 h......
  • FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis
    • United States
    • LexBlog United States
    • March 31, 2020
    ...– You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 h......
  • Drug And Alcohol Testing For Holders Of Commercial Driver's Licenses
    • United States
    • Mondaq United States
    • August 6, 2012
    ...resulting in immediate medical treatment, or one or more of the vehicles involved in the accident had to be towed from the scene. 49 C.F.R. 382.303. Random Testing: Generally, employers must randomly test at least 10% of all of their drivers annually for alcohol and 50% for controlled subst......
5 provisions

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT