49 CFR 382.301: Pre-employment testing
The official text is on the eCFR. This page maps how the section is organized, quotes the paragraphs our CSP practice questions are built on, and gives free questions you can try. Text below is quoted from the eCFR, current as of 2026-10-14; the section was last amended 2016-12-12.
How 49 CFR 382.301 is organized
- (a)1 paragraph
- (b)6 paragraphs
- (c)8 paragraphs
- (d)6 paragraphs
Paragraphs our practice questions cite most
Counted across the 8 live PassCited questions built on this section. This reflects our question bank, not the real exam.
“(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.”
“(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.”
“(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.”
Free practice questions on 49 CFR 382.301
Question 1
A regional hauler occasionally brings in an owner-operator CDL driver, who is not an employee, to cover peak loads; he has driven for the company about three times in the past year. Before his upcoming assignment, the company's records show it last collected his drug and alcohol testing program information seven months ago. The driver now says he left his previous carrier and is not currently in any DOT testing program, and the company cannot verify that he is participating in a controlled substances testing program that complies with parts 382 and 40. Which action does the standard require before the company uses him to drive?
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Answer: D. Conduct a pre-employment controlled substances test, because the company cannot verify his participation in a compliant testing program
For a driver used more than once a year but not employed, the employer must obtain the verification information at least every six months, and if it cannot verify participation in a compliant program it must conduct a pre-employment controlled substances test. A reasonable-suspicion test depends on observed behavior and does not replace this requirement, and the guidance does not allow waiting on random testing or an unverified statement.
Answer D rests on
49 CFR 382.301(c)(2)(opens ecfr.gov in a new tab)“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.”
Question 2
A carrier wants to hire a driver without giving a new pre-employment controlled substances test. The driver was in a Part 40-conforming DOT testing program within the last 30 days and was tested through it four months before applying. While reviewing her history, the carrier learns that a previous employer it knows about holds a record of her controlled substances violation from three months ago. Her current program has provided verification of her participation. May the carrier rely on the exception to skip the pre-employment test?
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Answer: D. No, because the exception requires the carrier to ensure that no known prior employer has a violation record from the previous six months, and one does
The exception has several conditions, and one is that the employer ensures no known prior employer has a record of a violation within the previous six months. A violation record from three months ago defeats that condition, so the carrier must test. Meeting the testing-history conditions or obtaining program verification does not cure it.
Answer D rests on
49 CFR 382.301(b)(3)(opens ecfr.gov in a new tab)“(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.”
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This is a study aid, not legal advice or an official interpretation. Always check the current eCFR text. Original practice questions, not real exam items. PassCited is not affiliated with or endorsed by BCSP.