No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
§382.205 — DOT Regulatory Guidance
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.