FMCSA rules use two alcohol concentration levels for drivers, 0.04 and 0.02. Under 49 CFR 382.201, no driver may report for or remain on duty requiring safety-sensitive functions with an alcohol concentration of 0.04 or greater.
Under 49 CFR 382.505, a driver with a result of 0.02 or greater but less than 0.04 may not perform safety-sensitive functions until the start of the next regularly scheduled duty period, and not less than 24 hours after the test. The same section states that an employer may take no action under Part 382 based solely on a result below 0.04, apart from that removal. The section adds that this does not prohibit an employer with authority independent of Part 382 from taking any action otherwise consistent with law.
Under 49 CFR 40.285, a DOT alcohol test result of 0.04 or greater is a DOT drug and alcohol regulation violation, which starts the Substance Abuse Professional (SAP) evaluation process.
Under the 49 CFR 40.3 definitions, a breath alcohol technician (BAT) or screening test technician (STT) instructs and assists employees in the alcohol testing process. Alcohol testing providers and SAPs are both listed in the MyDrugTesting.com directory.
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