What 382.115(a) means in plain language
FSCR 382.115(a) requires motor carriers to establish and maintain a controlled substances and alcohol testing program. This isn't about whether you personally use drugs or alcohol—it's about whether your employer has the systems in place to test for them.
If your carrier has no testing protocol, no procedure for reasonable-suspicion tests, no pre-employment screening, and no post-accident evaluation process, they're in violation of this rule. The citation lands on the carrier's record, not yours, though you may feel the ripple effect if your fleet suddenly implements a program after being cited.
This is a carrier-level compliance issue. It means your dispatcher, your safety manager, or your company leadership failed to build or document the testing infrastructure that federal law requires.
What our enforcement data actually shows
Across our 13 million inspection records, 382.115(a) is exceptionally rare. Our database shows zero citations for this code in the last 90 days, zero in the last 12 months, and zero all-time. The OOS rate is 0.0%—meaning this violation is almost never encountered at roadside inspections.
This doesn't mean the requirement doesn't matter. It likely means that most carriers comply with it, and when they don't, inspectors catch it through different channels: corporate audits, FMCSA office investigations, or after a serious accident triggers scrutiny of the carrier's compliance program.
The rarity of citations suggests that if you've been cited for this code, your carrier's compliance posture may be under broader review.
Who gets cited most
With zero citations in our database, we have no state or carrier distribution data to report. This code simply does not appear in the 13 million roadside inspection records TruckCodex tracks.
How severe is this compared to similar codes
382.115(a) sits in the Controlled Substances/Alcohol category alongside some of the most serious driver conduct violations in the FMCSR.
Compare the rarity of 382.115(a) (0 citations) to driver-level violations in the same category: Use of drugs violations (392.4A-DOSP) generated 3,947 citations with a 95.9% out-of-service rate. Another drug use code (392.4(a)) produced 3,919 citations at 96.9% OOS rate. Possession of alcohol while on duty (392.5(a)(3)) resulted in 1,301 citations at a 98.2% OOS rate.
These peer codes are about individual driver behavior caught at the roadside. 382.115(a) is about the absence of a system. That's why it doesn't show up in roadside data—it's a paperwork and audit issue, not an observable violation during a standard inspection.
How to avoid it
As a driver, you can't fix a carrier's testing program compliance. But you can identify whether your carrier has one and take action if they don't:
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Before you sign on with a carrier, ask your recruiter or hiring manager for proof of their FMCSA Part 382 controlled substances and alcohol testing program. A legitimate carrier will have a written policy you can review.
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If you're already driving for a carrier with no visible testing program, contact your safety manager or compliance department in writing (email or memo) requesting the testing program policy. Document the request. If your carrier can't produce one within 30 days, your carrier is likely in violation, and you may want to consider whether working there aligns with your compliance goals.
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If you've been cited for this code as an employee, the citation is almost certainly the result of a formal compliance investigation into your carrier, not a roadside stop. This suggests your company is under scrutiny. Stay alert for follow-up safety meetings and any sudden policy rollouts—your carrier may be in remediation mode.
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At pre-trip, verify you understand your carrier's testing triggers. You should know the reasonable-suspicion criteria, the post-accident procedure, and the pre-employment window that applied when you were hired. This knowledge protects you if an incident occurs.
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Keep records of any tests you've taken (negative results especially). If your carrier later claims you weren't tested when required, you have proof of compliance.
The root cause of a 382.115(a) citation is carrier neglect, not driver error. But as a professional, knowing whether your employer meets federal testing requirements is part of due diligence.