What does 49 CFR 382.205 (On-duty use) require?

Short answer

49 CFR 382.205 requires that no driver use alcohol while performing safety-sensitive functions, and no employer permit a driver to perform or continue to perform safety-sensitive functions if the employer has actual knowledge that the driver is using alcohol.

The rule says

"No driver shall use alcohol while performing safety-sensitive functions." (49 CFR 382.205)

"No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions." (49 CFR 382.205)

In plain English

This rule is straightforward: drivers can't drink on the job, and employers can't let them if they know about it. It's a strict liability standard, meaning there's no wiggle room or excuses. If a driver is caught drinking on duty, or if an employer knows about it and doesn't stop them, there will be consequences.

What to do

• Ensure all drivers understand the zero-tolerance policy for drinking on the job
• Establish a clear procedure for reporting and addressing suspected alcohol use by drivers
• Train supervisors and managers to recognize signs of alcohol impairment and take immediate action
• Review and update company policies to ensure compliance with 49 CFR 382.205