49 CFR § 655.42 - Pre-employment alcohol testing.

---
identifier: "/us/cfr/t49/s655.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 655.42 - Pre-employment alcohol testing."
title_number: 49
title_name: "Transportation"
section_number: "655.42"
section_name: "Pre-employment alcohol testing."
chapter_name: "FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "655"
part_name: "PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5331 (as amended); 49 CFR 1.91"
regulatory_source: "66 FR 42002, Aug. 9, 2001, unless otherwise noted."
cfr_part: "655"
---


# 655.42 Pre-employment alcohol testing.

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:

(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).

(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).

(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.

(d) The employer must conduct all pre-employment alcohol tests using the alcohol testing procedures set forth in 49 CFR Part 40.

(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.