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Actual knowledge
  • Employers with actual knowledge of a driver’s alcohol misuse or drug use may not allow the employee to perform safety-sensitive functions.

Employers having “actual knowledge” that a driver has an alcohol concentration above the limit, is using alcohol or a controlled substance, has used alcohol within the past four hours, or has tested positive or has adulterated or substituted a test specimen for controlled substances, must not allow the driver to perform safety-sensitive functions.

“Actual knowledge” means actual knowledge by an employer that a driver has used alcohol or controlled substances based on:

  • The employer’s direct observation of alcohol or drug use by the employee (but not including observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under 382.307);
  • Information provided by the driver’s previous employer(s);
  • A traffic citation (including a ticket, complaint, or any other document charging a violation) for driving a commercial driver’s license (CDL)-class commercial motor vehicle (CMV) while under the influence of alcohol or controlled substances; or
  • An employee’s admission of prohibited alcohol or drug use, except under a self-admission program that complies with 382.121.