What triggers reasonable-suspicion testing under 49 CFR 382.307?

Short answer

Reasonable-suspicion testing under 49 CFR 382.307 is triggered when an employer has reasonable suspicion to believe that a driver has violated the prohibitions concerning alcohol or controlled substances, based on specific, contemporaneous, articulable observations of the driver's appearance, behavior, speech, or body odors.

The rule says

"An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol." (49 CFR 382.307(a))

"The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver." (49 CFR 382.307(a))

In plain English

In practice, this means that a supervisor or company official who is trained in accordance with 49 CFR 382.603 must make specific observations about a driver's behavior, speech, or appearance that suggest the driver may be under the influence of alcohol or controlled substances. These observations can include things like slurred speech, glassy eyes, or erratic behavior. If the supervisor has reasonable suspicion, they must require the driver to undergo testing.

What to do

• Train supervisors on the signs and symptoms of alcohol and controlled substance use, as required by 49 CFR 382.603.
• Establish a clear policy for reasonable-suspicion testing, including procedures for making observations and documenting the reasoning behind the decision to test.
• Ensure that testing is conducted in a timely manner, ideally within two hours of the observation, and that results are properly documented and maintained.