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 A - GENERAL
Section 38-382.121 - Employee admission of alcohol and controlled substances use
Universal Citation: SC Code Regs 38-382.121
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of 38-382 and part 40, provided that:
(1) The admission is in accordance with
a written employer- established voluntary self-identification program or policy
that meets the requirements of paragraph (b) above;
(2) The driver does not self-identify in
order to avoid testing under the requirements of 38-382;
(3) The driver makes the admission of alcohol
misuse or controlled substances use prior to performing a safety sensitive
function (i.e., prior to reporting for duty); and
(4) The driver does not perform a safety
sensitive function until the employer is satisfied that the employee has been
evaluated and has successfully completed education or treatment requirements in
accordance with the self-identification program guidelines.
(b) A qualified voluntary self-identification program or policy must contain the following elements:
(1) It must prohibit the employer from taking
adverse action against an employee making a voluntary admission of alcohol
misuse or controlled substances use within the parameters of the program or
policy and paragraph (a) of 38-382.121;
(2) It must allow the employee sufficient
opportunity to seek evaluation, education or treatment to establish control
over the employee's drug or alcohol problem;
(3) It must permit the employee to return to
safety sensitive duties only upon successful completion of an educational or
treatment program, as determined by a drug and alcohol abuse evaluation expert,
i.e... employee assistance professional, substance abuse professional, or
qualified drug and alcohol counselor;
(4) It must ensure that:
(i) Prior to the employee participating in a
safety sensitive function, the employee shall undergo a return to duty test
with a result indicating an alcohol concentration of less than 0.02;
and/or
(ii) Prior to the employee
participating in a safety sensitive function, the employee shall undergo a
return to duty controlled substance test with a verified negative test result
for controlled substances use; and
(5) It may incorporate employee monitoring
and include non-DOT follow-up testing.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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