49 CFR 382.601 - Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
(a)General requirements. Each employer shall provide educational materials that explain the requirements of this part and the employer's policies and procedures with respect to meeting these requirements.
(1) The employer shall ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing under this part and to each driver subsequently hired or transferred into a position requiring driving a commercial motor vehicle.
(b)Required content. The materials to be made available to drivers shall include detailed discussion of at least the following:
(2) The categories of drivers who are subject to the provisions of this part;
(4) Specific information concerning driver conduct that is prohibited by this part;
(6) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures and instructions required by § 382.303(d);
(9) The consequences for drivers found to have violated subpart B of this part, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under part 40, subpart O, of this title;
(11) Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a co-worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
(12) The requirement that the following personal information collected and maintained under this part shall be reported to the Clearinghouse:
(i) A verified positive, adulterated, or substituted drug test result;
(ii) An alcohol confirmation test with a concentration of 0.04 or higher;
(iii) A refusal to submit to any test required by subpart C of this part;
(D) Controlled substance use pursuant to § 382.213;
(v) A substance abuse professional (SAP as defined in § 40.3 of this title) report of the successful completion of the return-to-duty process;
(vi) A negative return-to-duty test; and
(vii) An employer's report of completion of follow-up testing.
(c)Optional provision. The materials supplied to drivers may also include information on additional employer policies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the employer's authority independent of this part. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.
(d)Certificate of receipt. Each employer shall ensure that each driver is required to sign a statement certifying that he or she has received a copy of these materials described in this section. Each employer shall maintain the original of the signed certificate and may provide a copy of the certificate to the driver.