Ask X3What does 49 CFR 382.307 (Reasonable suspicion testing) require?
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Based on 49 CFR 382.307, here is what is required for reasonable suspicion testing:
* Alcohol Testing: You must require a driver to submit to an alcohol test if you have reasonable suspicion that they violated alcohol prohibitions. This must be based on specific, contemporaneous, articulable observations of their appearance, behavior, speech, or body odors. These observations must be made during, just preceding, or just after the workday period the driver is required to be in compliance (specifically, while performing, just before performing, or just after ceasing safety-sensitive functions).
* Controlled Substances Testing: You must require a driver to submit to a controlled substances test if you have reasonable suspicion that they violated controlled substances prohibitions. This must also be based on specific, contemporaneous, articulable observations of their appearance, behavior, speech, or body odors, which may include indications of chronic and withdrawal effects.
* Trained Evaluators: The required observations must be made by a supervisor or company official who has been trained in accordance with § 382.603. Additionally, the person who determines that reasonable suspicion exists for an alcohol test cannot be the one who administers that alcohol test.
* Timing and Documentation for Alcohol Tests:
* If an alcohol test is not administered within 2 hours of the reasonable suspicion determination, you must make and keep a written record stating why.
* If it is not administered within 8 hours, you must stop attempts to test and record the reasons why.
* You must create a written record of the observations leading to the test, signed by the supervisor or company official who made them, within 24 hours of the observed behavior or before test results are released, whichever is earlier.