A driver self admits to a company official they are abusing alcohol off-duty only. Is this a violation of part 382, and does this trigger a DOT SAP evaluation?
No. If the driver admits only off-duty alcohol abuse, the motor carrier may require the driver to undergo a medical evaluation pursuant to § 391.45 ( c ). If the medical examiner (ME) determines the driver has a current diagnosis of alcoholism, the ME will disqualify the driver, under 49 CFR § 391.41(b)(13). In order for the driver to be considered for re-certification, the driver will have to successfully complete an employee assistance program (EAP) and demonstrate they do not have a current diagnosis of alcoholism. This determination should be made by a qualified medical examiner.
For more FMCSA questions and answers, visit the FMCSA regulations tab and review the Drug and Alcohol FAQs.