What does 49 CFR 382.121 (Employee admission of alcohol and controlled substances use) require?

Short answer

49 CFR 382.121 requires that employees who admit to alcohol misuse or controlled substances use be part of a written employer-established voluntary self-identification program or policy that meets specific requirements. The employee must admit to the misuse prior to performing a safety-sensitive function and not perform such a function until they have been evaluated and completed education or treatment.

The rule says

An employee who admits to alcohol misuse or controlled substances use is not subject to the referral, evaluation and treatment requirements of this part and part 40 of this title, provided that: (1) The admission is in accordance with a written employer-established voluntary self-identification program or policy that meets the requirements of paragraph (b) of this section — 49 CFR 382.121(a).

"A qualified voluntary self-identification program or policy must contain the following elements: (1) It must prohibit the employer from taking adverse action against an employee making a voluntary admission of alcohol misuse or controlled substances use within the parameters of the program or policy and paragraph (a) of this section" (49 CFR 382.121(b))

In plain English

This rule allows employees to self-identify as having an alcohol or controlled substances problem without fear of immediate disciplinary action, as long as they do so before performing a safety-sensitive function and participate in a qualified voluntary self-identification program. The program must protect the employee from adverse action and provide an opportunity for evaluation, education, or treatment. The goal is to encourage employees to seek help voluntarily, ensuring they can return to safety-sensitive duties only after successfully completing the required program.

What to do

• Establish a written voluntary self-identification program or policy that meets the requirements of 49 CFR 382.121(b).
• Ensure the program prohibits adverse action against employees who make a voluntary admission.
• Provide an opportunity for employees to seek evaluation, education, or treatment.
• Verify that employees have successfully completed the program before allowing them to return to safety-sensitive functions.