['Drug and Alcohol Testing - DOT']
['Employee admission policy - Motor Carrier']
03/10/2025
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Question 1: If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?
Guidance: In order for the exception in §382.121 to be used, all the provisions and conditions of this section must be met. In this instance, none of the consequences of prohibited conduct would apply, and the employer would not report the admission to any subsequent employers. However, if any of the conditions in §382.121 is absent (for example, if the employer has no existing written policy, or if the driver fails to follow the employer’s treatment program), then the exception may not be used, and the driver would be fully subject to all the consequences of prohibited conduct, including referral and treatment in accordance with Part 40 Subpart O, and reporting to subsequent employers in accordance with §40.25 and §391.23(e).
Question 2: Self-Admission: A driver admits to a company official that they have used a controlled substance, as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test; however, the self-admission either does not meet the criteria under 49 CFR §382.121 or the employer does not have a qualified voluntary self-identification program. Does the admission trigger a DOT SAP evaluation and the return-to-duty process?
Guidance: Yes. If an employee admission does not fall under 49 CFR §382.121, then by default the admission provides the employer with “actual knowledge” that the driver has violated the prohibitions in 49 CFR part 382, subpart B. See 49 CFR 382.107. Therefore, the driver must undergo a DOT SAP evaluation and complete the return-to-duty process in accordance with 49 CFR 382.503 before performing safety sensitive functions.
Question 3: If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?
Guidance: In order for the exception in §382.121 to be used, all the provisions and conditions of this section must be met. In this instance, none of the consequences of prohibited conduct would apply, and the employer would not report the admission to any subsequent employers. However, if any of the conditions in §382.121 is absent (for example, if the employer has no existing written policy, or if the driver fails to follow the employer’s treatment program), then the exception may not be used, and the driver would be fully subject to all the consequences of prohibited conduct, including referral and treatment in accordance with Part 40 Subpart O, and reporting to subsequent employers in accordance with §40.25 and §391.23(e).
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