[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.505]



[Page 175-176]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 

Contents

 

  Subpart E_Consequences for Drivers Engaging in Substance Use-Related 

                                 Conduct

 

Sec. 382.505  Other alcohol-related conduct.



    (a) No driver tested under the provisions of subpart C of this part 

who is found to have an alcohol concentration of 0.02 or greater but 

less than 0.04 shall perform or continue to perform safety-sensitive 

functions for an employer, including driving a commercial motor vehicle, 

nor shall an employer permit the driver to perform or continue to 

perform safety-sensitive functions, until the start of the driver's next 

regularly scheduled duty period,



[[Page 176]]



but not less than 24 hours following administration of the test.

    (b) Except as provided in paragraph (a) of this section, no employer 

shall take any action under this part against a driver based solely on 

test results showing an alcohol concentration less than 0.04. This does 

not prohibit an employer with authority independent of this part from 

taking any action otherwise consistent with law.