Page:United States Statutes at Large Volume 105 Part 1.djvu/987

This page needs to be proofread.


PUBLIC LAW 102-143—OCT. 28, 1991 105 STAT. 959 "(5) For the purposes of this subsection, the term 'controlled substance' means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". TESTING TO ENHANCE MOTOR CARRIER SAFETY SEC. 5. (a)(1) The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) is amended by adding at the end the following new section: " SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 49 USC app. 2717 "(a) REGULATIONS.— The Secretary shall, in the interest of commercial motor vehicle safety, issue regulations within twelve months after the date of enactment of this section. Such regulations shall establish a program which requires motor carriers to conduct premployment, reasonable suspicion, random, and post-accident testing of the operators of commercial motor vehicles for use, in violation of law or Federal regulation, of alcohol or a controlled substance. The Secretary may also issue regulations, as the Secretary considers appropriate in the interest of safety, for the conduct of periodic recurring testing of such operators for such use in violation of law or Federal regulation. " (b) TESTING. — "(1) POST-ACCIDENT TESTING. — In issuing such regulations, the Secretary shall require that post-accident testing of the operator of a commercial motor vehicle be conducted in the case of any accident involving a commercial motor vehicle in which occurs loss of human life, or, as determined by the Secretary, other serious accidents involving bodily injury or significant property damage. "(2) TESTING AS PART OF MEDICAL EXAMINATION.— Nothing in subsection (a) of this section shall preclude the Secretary from providing in such regulations that such testing be conducted as part of the medical examination required by subpart E of part 391 of title 49, Code of Federal Regulations, with respect to those operators of commercial motor vehicles to whom such part is applicable. "(c) PROGRAM FOR REHABIUTATION.—The Secretary shall issue Regulations, regulations setting forth requirements for rehabilitation programs which provide for the identification and opportunity for treatment of operators of commercial motor vehicles who are determined to have used, in violation of law or Federal regulation, alcohol or a controlled substance. The Secretary shall determine the circumstances under which such operators shall be required to participate in such program. Nothing in this subsection shall preclude a motor carrier from establishing a program under this subsection in cooperation with any other motor carrier. "(d) PROCEDURES FOR TESTING. — In establishing the program required under subsection (a) of this section, the Secretary shall develop requirements which shall— "(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which—