§382.205 On-duty use.

Question 1: What is meant by the terms “use alcohol” or “alcohol use”? Is observation of use sufficient or is an alcohol test result required?

Guidance: The term “alcohol use” is defined in §382.107. The employer is prohibited in §382.205 from permitting a driver to drive when the employer has actual knowledge of the driver’s use of alcohol, regardless of the level of alcohol in the driver’s body. The form of knowledge is not specified. It may be obtained through observation or other method.

Question 2: Self-Admission of Alcohol Abuse Off-duty: A driver self admits to a company official they are abusing alcohol off-duty only. Is this a violation of part 382, and does this trigger a DOT SAP evaluation?

Guidance: No. If the driver admits only off-duty alcohol abuse, the motor carrier may require the driver to undergo a medical evaluation pursuant to §391.45(c). If the medical examiner (ME) determines the driver has a current diagnosis of alcoholism, the ME will determine that the driver is not physically qualified to operate a CMV, under 49 CFR §391.41(b)(13). In order for the driver to be considered for re-certification, the driver will have to successfully complete an employee assistance program and demonstrate they do not have a current diagnosis of alcoholism. This determination should be made by a qualified medical examiner.