• Some observations and administrative requirements are specific to alcohol testing.

Other aspects of the reasonable suspicion testing requirements are specific to alcohol testing.

Observations

Alcohol testing is authorized only if the observations are made during, just before, or just after the driver performs safety-sensitive functions.

The mere possession of alcohol does not constitute a need for reasonable suspicion testing. Rather, reasonable suspicion testing must be based on observations concerning the driver’s appearance, behavior, speech, or body odor.

Administering the alcohol test

If a reasonable suspicion alcohol test is not administered within two hours following the observations, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptly. If the test was not administered within eight hours, the employer must:

• Cease attempts to administer the test, and
• Prepare and maintain the record stating the reasons the test was not administered within eight hours.

If reasonable suspicion is observed — but a reasonable suspicion test has not yet been administered — a driver may not perform safety-sensitive functions until:

• An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02, or
• 24 hours have elapsed following the determination of reasonable suspicion.

The regulations do not give the employer authority to take any action against a driver, other than those stated above, based solely on the driver’s behavior and appearance with no test result. The employer may take other action independent of Department of Transportation (DOT) regulatory authority. This may include suspending the employee pending test results.