South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.307 - Reasonable suspicion testing

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An employer shall require a driver to
					 submit to an alcohol test when the employer has reasonable suspicion to believe
					 that the driver has violated the prohibitions of subpart B of 38-382 concerning
					 alcohol. The employer's determination that reasonable suspicion exists to
					 require the driver to undergo an alcohol test must be based on specific,
					 contemporaneous, articulable observations concerning the appearance, behavior,
					 speech or body odors of the driver.
(b) An employer shall require a driver to
					 submit to a controlled substances test when the employer has reasonable
					 suspicion to believe that the driver has violated the prohibitions of subpart B
					 of 38-382 concerning controlled substances. The employer's determination that
					 reasonable suspicion exists to require the driver to undergo a controlled
					 substances test must be based on specific, contemporaneous, articulable
					 observations concerning the appearance, behavior, speech or body odors of the
					 driver. The observations may include indications of the chronic and withdrawal
					 effects of controlled substances.
(c) The required observations for alcohol
					 and/or controlled substances reasonable suspicion testing shall be made by a
					 supervisor or company official who is trained in accordance with Regulation
					 Regulation
					 38-382.603.
					 The person who makes the determination that reasonable suspicion exists to
					 conduct an alcohol test shall not conduct the alcohol test of the
					 driver.
(d) Alcohol testing is
					 authorized by 38-382 only if the observations required by paragraph (a) are
					 made during, just preceding, or just after the period of the work day that the
					 driver is required to be in compliance with 38-382. A driver may be directed by
					 the employer to only undergo reasonable suspicion testing while the driver is
					 performing safety-sensitive functions, just before the driver is to perform
					 safety-sensitive functions, or just after the driver has ceased performing such
					 functions.
(e)
(1) If an alcohol test required by 38-382 is
					 not administered within two hours following the determination under paragraph
					 (a), the employer shall prepare and maintain on file a record stating the
					 reasons the alcohol test was not promptly administered. If an alcohol test
					 required by 38-382 is not administered within eight hours following the
					 determination under paragraph (a), the employer shall cease attempts to
					 administer an alcohol test and shall state in the record the reasons for not
					 administering the test.
(2)
					 Notwithstanding the absence of a reasonable suspicion alcohol test under
					 38-382, no driver shall report for duty or remain on duty requiring the
					 performance of safety-sensitive functions while the driver is under the
					 influence of or impaired by alcohol, as shown by the behavioral, speech, and
					 performance indicators of alcohol misuse, nor shall an employer permit the
					 driver to perform or continue to perform safety-sensitive functions, until:
(i) An alcohol test is administered and the
					 driver's alcohol concentration measures less than 0.02; or
(ii) Twenty four hours have elapsed following
					 the determination under paragraph (a) that there is reasonable suspicion to
					 believe that the driver has violated the prohibitions in 38-382 concerning the
					 use of alcohol.
(3)
					 Except as provided in paragraph (e)(2) of 38-382, no employer shall take any
					 action under 38-382 against a driver based solely on the driver's behavior and
					 appearance, with respect to alcohol use, in the absence of an alcohol test.
					 This does not prohibit an employer with independent authority of 38-382 from
					 taking any action otherwise consistent with law.