If found in violation, safety-sensitive employees are subject to the following:
- Employees must be immediately removed from safety-sensitive functions. This does not mean they have been fired, only that they cannot perform their safety-sensitive duties.
- Employees cannot return to safety-sensitive duties until evaluated by a substance abuse professional (SAP), successfully undergo any recommended assistance or treatment, and pass a return-to-duty test.
- Employees who have an alcohol concentration in the range of 0.020 – 0.039 when tested, must be removed from performing safety-sensitive duties for 8 hours or until a breath test result is below 0.020.
This is not a rule violation, but temporary removal is necessary to ensure safety. A SAP evaluation is not required. Also, it should be noted that the FRA and FMCSA also do not allow an employee to be retested repeatedly until the employee falls below 0.020. - Commercial motor vehicle drivers having an alcohol concentration in the range of 0.020 – 0.039 must be removed from driving for at least 24 hours. Covered railroad employees also do not have a retest option.
All alcohol testing is to be administered by a breath alcohol technician (BAT). As a BAT, you are responsible for conducting breath alcohol tests in accordance with 49 CFR Part 40.
