§382.205 On-duty Use
Question 1: What is meant by the terms "use
alcohol" or "alcohol use?" Is observation of use sufficient or
is an alcohol test result required?
Guidance: The term "alcohol use" is
defined in §382.107.
The employer is prohibited in §382.205 from permitting a
driver to drive when the employer has actual knowledge of the driver's use of
alcohol, regardless of the level of alcohol in the driver's body. The form of
knowledge is not specified. It may be obtained through observation or other
method.