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Actual Knowledge: What is “actual knowledge” as used in Part 382, Subpart B? (§382.205 and §382.213)

“Actual knowledge” is defined in §382.107 and means that an employer has knowledge that a driver has used alcohol or controlled substances based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee’s admission of alcohol or controlled substance use, except as provided in §382.121.  Direct observation as used in this definition means “observation of alcohol or controlled substances use” while a driver is subject to performing a safety-sensitive function, “and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under §382.307.”

Last Updated : May 13, 2015
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