Truck Drivers and Alcohol

 

     Alcohol and drivers of tractor trailers (semi trucks): A truck cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This of course includes while driving, but also must be followed when they are merely “on duty.”

 

“On duty” includes times when the trucker is not driving, but when they are in physical control of the truck (Section 392.4 & 392.5).

 

     Alcohol is not tolerated whatsoever which is different than drivers of cars, certain vans and motorcycles who may have alcohol on their system up to the certain limit and still be legal to drive. The rules involving truck drivers are extremely strict.

 

Motor Carrier Programs for Alcohol and Substance Abuse

 

Alcohol and substance use/misuse programs must be developed and implemented by motor carriers (employers) not just for their drivers of commercial motor vehicles, but also for the employees that perform safety-sensitive functions.

 

The Federal Motor Carrier Safety Administration requires certain elements to be implemented or updated in regard to control substance and alcohol policies of the motor carriers/employers.

 

They include:

  • The Policy Statement
  • Supervisor Education and Training
  • Controlled Substance and Alcohol Testing Programs
  • Evaluation of Drivers, and

            Administrative Procedures for Record Keeping Reporting Releasing Information and certifying Compliance with these requirements

 

Both employers and drivers of commercial motor vehicles must participate in having these programs. There are some exceptions where these types of regulation do not apply. They include certain military personnel, certain National Guard drivers, certain U.S. Coast Guard personnel, certain farm vehicles, and firefighters. These alcohol and substance policies apply to any driver who operates a commercial motor vehicle whether it’s full time, part time, casual, intermittent, occasional, volunteer, leased, or independent.

 

All drivers must be provided educational materials. Driver supervisors must receive additional training to notice the physical, behavioral and performance indicators of people on control substances and alcohol misuse so they may determine whether a driver must be tested.  

 

Testing: A carrier must establish a control substance and alcohol substance testing program which includes the following types of tests: pre-employment, reasonable suspicion, post accident, random, return-to-duty, and follow-up. The motor carrier/employer must maintain certain testing records.

 

The consequences for failure to comply with the rules could mean penalties that include fines, under certain situations there may be criminal penalties. These are the types of things that we investigate to see if the motor carrier driver has a history of substance abuse or alcohol misuse.