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§382.501 — Removal from safety-sensitive function

(a)

Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of another DOT agency.

(b)

No employer shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the employer has determined that the driver has violated this section.

(c)

For purposes of this subpart, commercial motor vehicle means a commercial motor vehicle in commerce as defined in §382.107, and a commercial motor vehicle in interstate commerce as defined in part 390 of this subchapter.

§382.501 — DOT Regulatory Guidance

Question 1: What work may the driver perform for an employer, if a driver violates the prohibitions in subpart B?

Guidance: A driver who has violated the prohibitions of subpart B may perform any duties for an employer that are not considered "safety-sensitive functions." This may include handling of materials exclusively in a warehouse, regardless of whether the materials are considered hazardous as long as safety-sensitive functions are not performed. Safety-sensitive functions may not be performed until the individual has been evaluated by an Substance Abuse Professional (SAP), complied with any recommended treatment, has been re-evaluated by an Substance Abuse Professional (SAP), has been allowed by the Substance Abuse Professional (SAP) to return to work and has passed a return to duty test.

Reason: