Drunk Driving as a DOT Mandated Safety-Sensitive Employee?
Drunk driving is always a serious offense, but for a DOT mandated safety-sensitive employee, it means immediate removal from their safety sensitive functions and the need to seek a SAP evaluation. Drunk driving is not tolerated for any safety-sensitive employee, which is something that employees need to properly understand if they are new to their role in an industry regulated by the Department of Transportation.
What are the Alcohol Rules for DOT Mandated Safety-Sensitive Employees?
The alcohol rules for DOT mandated safety-sensitive employees are simple. Any employee with an alcohol concentration of 0.04 will be removed immediately from safety-sensitive job functions. As a safety-sensitive employee, they cannot return to their safety-sensitive job duties until they complete the return to duty process.
Additionally, Drivers are forbidden to consume or be under the influence of alcohol (as defined in 49 CFR 382.207) within four hours of going on duty or operating a CMV (49 CFR 392.5). Drivers are forbidden to use alcohol, be under the influence of alcohol, or have any measured alcohol concentration of 0.02 or greater while on duty, or operating, or in physical control of a commercial motor vehicle. Alcohol can only be transported as part of a shipment.”
When are DOT-Mandated Safety Sensitive Employees Tested?
There are several times when a DOT mandated safety-sensitive employee must undergo alcohol and drug testing. The first is pre-employment, testing upon reasonable suspicion, after certain accidents, as part of the return to duty process, and follow-up testing. In addition, DOT mandates that all employers randomly test employees throughout their employment.
What is the Return to Duty Process?
In order to be eligible to return to safety sensitive duties, an employee must receive an initial evaluation with a Substance Abuse Professional who will determine an appropriate treatment and/or education plan for the employee. Once they have shown compliance, they will receive a follow-up evaluation from the SAP. If the SAP determines compliance the employee can submit to a return to duty drug and alcohol test.
What are Some Tips for Employees to Remain Alcohol-Free So They Can Ensure They Do Not Lose Work Again?
While employees should abstain from drinking close to their shifts to make sure that they do not end up violating the rules due to lingering alcohol in their system, it’s hard to remain alcohol free, especially due to work, life, and family stress. In addition to following the guidance of the SAP, employees can follow some tips for reducing their alcohol intake:
- Keep active – staying busy and moving your body can help reduce alcohol cravings and work through stress
- Create a support system – having friends, family, or a therapist to support you during this time is paramount
- Consider joining a group support system – having people who understand what you’re going through can help you feel less alone
- Mindfulness – starting a mindfulness practice, such as meditation with an app, yoga, or journaling, can be a great outlet
Find a SAP Quickly and Get Back to Work
If you are a DOT mandated safety-sensitive employee who has failed a drug and/or alcohol test, contact SRS immediately for help locating a qualified SAP who can help you get back to work.