{"data":{"id":"us/49-cfr-655.42","jurisdiction":"us","citation":"49 CFR 655.42","heading":"Pre-employment alcohol testing.","body":"An employer may, but is not required to, conduct pre-employment alcohol testing under this part. If an employer chooses to conduct pre-employment alcohol testing, the employer must comply with the following requirements:\n(a) The employer 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).\n(b) The employer must treat all covered employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others).\n(c) The employer 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.\n(d) The employer must conduct all pre-employment alcohol tests using the alcohol testing procedures set forth in 49 CFR Part 40.\n(e) The employer must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.02.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER VI—FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","PART 655—PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS","Subpart E—Types of Testing"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"6ff898cc6a1048056f74f28bacf3af86897391c6abc20b80807d3bffed4cf645","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-655.41","next":"us/49-cfr-655.43"},"notice":"GroundRules: Original legal text. Not legal advice."}