• Several alcohol prohibitions apply to CMV drivers.

For alcohol, drivers must never:

• Report for duty or remain on duty requiring the performance of “safety-sensitive functions” while having an alcohol concentration of 0.04 or greater;
• Use alcohol while performing safety-sensitive functions;
• Perform safety-sensitive functions within four hours after using alcohol;
• Use alcohol within eight hours following an accident — or until the person is tested — when the accident requires a post-accident alcohol test; or
• Refuse to submit to any Department of Transportation-required alcohol test.

Other alcohol-related conduct

A Department of Transportation (DOT) alcohol violation is an alcohol concentration of 0.04 or greater. There may be occasions when a driver is found to have an alcohol concentration of 0.02 or greater but less than 0.04. What are the ramifications?

Since the alcohol concentration is below the minimum of 0.04 to be considered a violation, the event is classified as “other alcohol-related conduct” and the DOT return-to-duty process does not apply. Instead, 382.505 of the Federal Motor Carrier Safety Regulations (FMCSRs) states that the driver cannot perform, or be permitted to perform, safety-sensitive functions for at least 24 hours.

If the employer wishes to take any additional actions against the employee — independent of the regulations — the FMCSRs do not prohibit the employer from doing so. However, any corrective actions must be consistent with other federal and state laws.