What does 49 CFR 382.201 (Alcohol concentration) require?

Short answer

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

The rule says

"No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater." (49 CFR 382.201)

"No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions." (49 CFR 382.201)

In plain English

This rule means that if a driver has a blood alcohol concentration (BAC) of 0.04 or higher, they cannot start or continue working on tasks that are critical to safety, like driving a commercial vehicle. Employers must also not let a driver with a BAC of 0.04 or higher do these safety-sensitive tasks. This is a strict rule to ensure public safety on the roads.

What to do

• Ensure all drivers are aware of the 0.04 BAC limit and the consequences of exceeding it.
• Implement a testing program to check drivers' BAC levels before they start work or as required by regulations.
• Have a clear policy in place for what happens if a driver is found to have a BAC of 0.04 or higher, including not allowing them to perform safety-sensitive functions.
• Train supervisors and managers to recognize signs of alcohol impairment and how to respond appropriately.