What Drug and Alcohol Conduct Do FMCSA Rules Prohibit?

Subpart B of 49 CFR Part 382 lists the drug and alcohol conduct that FMCSA prohibits for commercial motor vehicle drivers. Most rules bind both sides: the driver may not engage in the conduct, and an employer with knowledge of it may not let the driver perform safety-sensitive functions.

Alcohol prohibitions.

• 0.04 or greater. Reporting for or remaining on safety-sensitive duty with an alcohol concentration of 0.04 or greater (49 CFR 382.201)
• On-duty use. Using alcohol while performing safety-sensitive functions (49 CFR 382.205)
• Pre-duty use. Performing safety-sensitive functions within four hours after using alcohol (49 CFR 382.207)
• After an accident. Using alcohol for eight hours after an accident that requires a post-accident test, or until the test, whichever comes first (49 CFR 382.209)

Controlled substances prohibitions.

• Schedule I. Reporting for or remaining on duty when the driver uses any Schedule I substance listed in 21 CFR 1308.11 (49 CFR 382.213(a))
• Other scheduled drugs. Using other scheduled drugs, unless a licensed medical practitioner familiar with the driver's medical history prescribed it and advised that it will not adversely affect safe CMV operation (49 CFR 382.213(b))
• Positive or tampered test. Reporting for duty or performing safety-sensitive functions after testing positive or adulterating or substituting a specimen (49 CFR 382.215)

Refusal. Refusing a required pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up test (49 CFR 382.211). Refusal is defined in 49 CFR 382.107, 49 CFR 40.191 and 49 CFR 40.261.

An employer may require drivers to report therapeutic drug use (49 CFR 382.213(d)).

Results from 0.02 to less than 0.04. Such a result is not a subpart B violation, but the driver may not perform safety-sensitive functions until the next regularly scheduled duty period and for at least 24 hours, and Part 382 permits no other action based only on that result (49 CFR 382.505).

Consequences. A driver who engages in conduct prohibited by subpart B may not perform safety-sensitive functions until completing the return-to-duty process in 49 CFR Part 40, subpart O (49 CFR 382.503(a), 49 CFR 40.23, 49 CFR 40.305). Employers report alcohol results of 0.04 or greater, refusals that do not require an MRO determination, and actual knowledge violations to the Clearinghouse (49 CFR 382.705(b)). MROs report verified positive, adulterated and substituted drug test results and the refusals they determine (49 CFR 382.705(a)).