Compliant for CDL Drivers and Pipeline Workers – 49 CFR Parts 382 & 199

Course Duration: 110 Minutes

Burnt Mountain LLC. Learning Management System (BMLMS)

• Welcome Statement
• Purpose
• Introduction
• Course Content Sections
• Summary and Key Takeaways
• 10-Question Quiz with Answer Key
• Final Acknowledgment
• Full Spanish Translation

Welcome to the Reasonable Suspicion and Reasonable Cause Training Program.

This training is required for all supervisors within the company. While the program is fully compliant with applicable DOT regulations (49 CFR Part 382 for CDL drivers and 49 CFR Part 199 for pipeline workers), the company requires that all supervisors, regardless of their assigned department, complete this training.

Supervisors across all operations are expected to understand and apply the principles of reasonable suspicion and reasonable cause to help maintain a safe, drug-free workplace. This ensures that we maintain a consistent approach to identifying and responding to potential substance misuse in any part of the company.

Purpose of This Training

The purpose of this training is to provide all supervisors within the company with the knowledge and skills to:

• Identify signs of alcohol misuse and controlled substance use
• Understand when and how to act when signs of misuse are observed
• Properly document observations and take appropriate action in line with company policy and federal requirements

This training is designed to fully comply with applicable DOT regulations for supervisors of CDL drivers (49 CFR Part 382) and pipeline workers performing covered functions (49 CFR Part 199). However, it is also required company-wide so that supervisors across all departments are prepared to recognize and address potential substance misuse in any part of the organization.

A consistent and well-informed approach to reasonable suspicion and reasonable cause across all operations helps ensure the safety of our employees, the public, and our workplace.

The Department of Transportation (DOT) mandates that supervisors of safety-sensitive employees be trained to recognize signs of drug and alcohol misuse. This training meets those requirements and goes further to ensure that all supervisors within the company are equipped to recognize and respond to potential substance misuse across all workgroups.

This training is required for:

• CDL drivers, under FMCSA regulations (49 CFR Part 382)
  Pipeline workers, involved in covered functions under PHMSA regulations (49
• CFR Part 199)
• All other employees, as required by company policy, to ensure a consistent and proactive approach to maintaining a safe and drug-free workplace

Covered pipeline functions include driving commercial vehicles, operating or maintaining pipelines, responding to emergencies, and controlling operations from a control center. Beyond DOT-regulated roles, this training empowers supervisors company-wide to uphold the organization’s commitment to workplace safety and compliance.

FMCSA – 49 CFR Part 382 (CDL Drivers)

• Applies to drivers operating CMVs requiring a CDL
• Requires employer drug and alcohol testing programs
• Supervisors must receive 60 minutes of alcohol and 60 minutes of drug training

PHMSA – 49 CFR Part 199 (Pipeline Workers)

• Applies to employees performing covered pipeline functions
• Also requires drug and alcohol testing programs
• Supervisors must be trained to recognize behaviors indicating the need for reasonable cause testing

Testing must be initiated when a trained supervisor:

• Observes behavior or appearance indicating misuse of drugs or alcohol
• Has specific, contemporaneous, and articulable observations
• Determines that an employee may pose a risk to public or workplace safety

Types of Testing Covered:

• Pre-employment
• Random
• Post-accident
• Reasonable Suspicion (FMCSA) / Reasonable Cause (PHMSA)
• Return-to-Duty
• Follow-Up

Recognizing the signs of alcohol misuse in the workplace is a critical responsibility of supervisors and safety personnel, especially when managing employees in safety-sensitive positions. The Department of Transportation (DOT) mandates that supervisors receive training to identify observable signs and symptoms of alcohol misuse that may warrant reasonable suspicion testing. Below are the key behavioral and physical indicators, each explained in detail to help supervisors make informed and documented observations:

1. Smell of Alcohol on Breath
One of the most common and immediate indicators of recent alcohol consumption is the odor of alcohol on an employee’s breath. This smell is distinct and often persistent. It may be more noticeable when the employee is speaking in close proximity or exerts physical effort that increases respiration. While the smell alone is not proof of impairment, it is a strong contributing observation when paired with other behaviors.

• Important Note: A faint odor may result from residual alcohol after off-duty drinking; however, a strong and persistent odor, especially during working hours, may indicate recent or excessive consumption that could affect job performance or safety.

2. Slurred or Slowed Speech
Alcohol consumption can impair the central nervous system, resulting in slurred, slowed, or incoherent speech. Supervisors may notice:

• Words being improperly pronounced
• Difficulty forming complete thoughts or sentences
• Unusually loud or soft vocal tone
• Delayed responses in conversation

This symptom is often one of the clearest signs of impairment and should be carefully documented if observed.

3. Unsteady Gait or Stumbling
Alcohol can impact motor coordination, balance, and spatial awareness. Affected employees may:

• Stumble while walking
• Hold onto walls, desks, or machinery for support
• Appear off-balance when standing still
• Have difficulty navigating steps or inclines

These physical manifestations are not only dangerous in safety-sensitive work environments but are often among the most noticeable to others.

4. Bloodshot or Watery Eyes
Physical indicators in the eyes can often signal alcohol use. Supervisors should look for:

• Red or bloodshot sclera (the whites of the eyes)
• Watery eyes or excessive blinking
• Glassy appearance or lack of focus
• Dilated or constricted pupils (note that this can also indicate drug use)

Although eye symptoms alone are not conclusive, they often accompany other physical or behavioral signs of alcohol impairment.

5. Unusual Aggression or Inappropriate Behavior
Alcohol misuse can alter mood and judgment. Supervisors should be alert to:

• Abrupt changes in behavior, such as excessive irritability or aggression
• Inappropriate comments or jokes
• Disrespectful, confrontational, or belligerent interactions
• Risk-taking or reckless behavior inconsistent with normal conduct

Behavioral signs are particularly important to observe because they often reflect how alcohol impairs the decision-making centers of the brain, potentially endangering others in the workplace.

6. Sleeping or Unconscious on Duty
Perhaps the most severe and dangerous sign of alcohol misuse is an employee who is found:

• Dozing off at their workstation
• Unresponsive during work hours
• In a state of drowsiness or nodding off frequently
• Fully unconscious or unarousable

This may signal extreme alcohol impairment or the aftereffects of excessive drinking, such as a hangover. In safety-sensitive environments, this presents a serious risk to both the employee and others.

Key Reminder:
Any combination of these signs may provide reasonable suspicion to initiate testing.

Supervisors must always:

• Document the observed behaviors in detail
• Ensure a second trained observer (if available) corroborates the observation
• Follow the employer’s Reasonable Suspicion Testing procedure immediately

Being trained to identify these signs is not about assuming guilt—it’s about protecting lives, ensuring safety, and maintaining regulatory compliance with DOT standards.

Signs of Drug Use

Identifying drug use in safety-sensitive employees is essential to maintaining a safe work environment and complying with DOT regulations. Drug use can present through a range of physical, behavioral, and psychological indicators. Supervisors are not expected to diagnose substance use disorders, but they must be trained to recognize observable signs and symptoms that could justify a reasonable suspicion drug test.

Below are the most common signs of drug use, with expanded explanations to improve observation and reporting skills:

1. Dilated or Pinpoint Pupils
Drug use often affects the autonomic nervous system, which controls pupil size. Abnormal pupil responses may include:

• Dilated pupils (large and unresponsive to light) — common with stimulant use (e.g., cocaine, methamphetamines, ecstasy, prescription stimulants).
• Pinpoint pupils (very small, constricted) — commonly associated with opioid use (e.g., heroin, morphine, oxycodone, fentanyl).

These signs are especially significant in well-lit environments where pupils should naturally constrict. A supervisor noticing abnormal pupil size should make note of lighting conditions and any difficulty the employee has with vision or focus.

2. Nervousness, Paranoia, or Hyperactivity
Psychoactive substances can alter mood, energy, and perception. Behavioral symptoms to watch for include:

• Rapid, pressured speech or excessive talking
• Pacing, jitteriness, or inability to sit still
• Unprovoked suspicion or fear (paranoia)
• Irrational fears, looking over their shoulder, or reacting to stimuli that aren’t present
• Sudden mood swings or emotional outbursts

These behaviors may indicate use of stimulants, hallucinogens, or synthetic drugs and can pose serious safety concerns on the job.

3. Slow or Incoherent Speech
Certain drugs, especially depressants (such as opioids, benzodiazepines, or barbiturates), may suppress the central nervous system and result in:

• Slurred, mumbled, or monotone speech
• Delayed responses or inability to complete sentences
• Confused or disorganized thoughts
• Repeating words or phrases without context

These indicators, especially when accompanied by other physical signs, can suggest impairment serious enough to compromise workplace safety.

4. Excessive Sweating or Chills
Drug use can affect body temperature regulation, causing physiological symptoms such as:

• Profuse sweating without physical exertion
• Complaints of feeling excessively hot or cold
• Visible tremors or goosebumps
• Unusual body odor or clammy skin

These symptoms can result from a variety of substances, including stimulants, opioids, and synthetic drugs. The presence of these symptoms in an otherwise climate-controlled setting is a strong warning sign.

5. Unexplained Drowsiness or Alertness
Drugs may produce either sedative or stimulant effects. Supervisors should look for:

• Excessive sleepiness, nodding off, or appearing disoriented
• Frequent yawning, glassy eyes, or slow blinking
• Sudden bursts of energy or over-alertness, often without obvious cause
• Inconsistent attention span, restlessness, or fidgeting

When these signs interfere with normal work duties or safety awareness, they warrant documentation and potential reasonable suspicion testing.

6. Track Marks, Nosebleeds, or Physical Disorientation
Visible physical signs may indicate drug use by route of administration. Supervisors should never perform physical examinations but may observe:

• Track marks: puncture wounds or bruising on arms, hands, legs, or neck from intravenous drug use
• Nosebleeds: frequent or unexplained nasal bleeding, irritation, or sniffing, which may be associated with snorting substances
• Physical disorientation: difficulty standing upright, bumping into objects, or appearing confused about surroundings

These signs are especially important when the employee is in a safety-sensitive role, such as operating vehicles, heavy equipment, or handling hazardous materials.

Final Reminder for Supervisors:
If one or more of these signs is observed, especially in combination, it may constitute reasonable suspicion of drug use and justify testing under DOT regulations. Supervisors must:

• Document all observations objectively and thoroughly
• Avoid assumptions or accusations
• Follow the company’s drug testing and reasonable suspicion protocol promptly

Early recognition and timely action not only ensure DOT compliance—they help protect lives, prevent incidents, and maintain a healthy and accountable work environment.

Supervisor Responsibilities

Supervisors play a pivotal role in ensuring the safety of the workplace, especially when overseeing employees in safety-sensitive positions as defined by the U.S. Department of Transportation (DOT). The responsibility to act upon reasonable suspicion of drug or alcohol use is not optional, it is a regulatory duty. When a supervisor observes signs of possible substance misuse, the following responsibilities must be carried out with professionalism, objectivity, and urgency.

1. Observe and Document
Supervisors must observe and document behaviors that lead them to suspect drug or alcohol use. The documentation should be:

• Factual: Only record what you see, hear, or smell. Avoid personal opinions or assumptions.
• Specific: Use precise language. Instead of writing "seemed high" or "acted weird," provide clear observations such as:
  • "Employee had slurred speech and repeated themselves during conversation"
  • "Employee stumbled twice while walking down the hallway and used the wall for support"
  • "Employee’s breath had a strong odor of alcohol at 10:15 a.m."

This documentation may be reviewed in legal proceedings, so it must be written professionally and accurately. The goal is not to diagnose, but to create a verifiable record of the behavior that raised concern.

2. Remove the Employee from Duty
If an employee is exhibiting behavior that suggests impairment, especially in a safety-sensitive role, the supervisor must immediately remove them from duty to prevent harm to themselves, coworkers, or the public.

• Removal should be handled discreetly and respectfully.
• Do not allow the employee to continue operating vehicles, machinery, or perform any task that could cause injury or damage.
• Do not allow the employee to drive themselves home or to the collection site; arrange safe transportation.

Removing an employee from duty is not a disciplinary action—it is a protective measure mandated by DOT policy for the safety of all.

3. Notify Your DER (Designated Employer Representative)
The supervisor must immediately notify the company’s Designated Employer Representative (DER). The DER is responsible for:

• Coordinating testing logistics
• Ensuring all DOT protocols are followed
• Maintaining records and initiating any necessary follow-up actions

Communication with the DER should include:

• A summary of observations
• The time and location of the incident
• Any immediate safety concerns
• Whether the employee has been removed from duty

The DER will guide the next steps, including testing and transportation arrangements.

4. Refer for Testing Immediately
Once reasonable suspicion has been documented and the DER has been notified, the employee must be referred immediately for drug and/or alcohol testing.

• Timing is critical. DOT regulations require that reasonable suspicion alcohol testing be conducted within 2 hours, and not later than 8 hours from the time of observation. Drug testing must be conducted as soon as practicable after the determination is made.
• If testing cannot be completed within the required timeframes, the supervisor or DER must document the reason why.

All procedures must follow the DOT’s strict collection and testing guidelines to ensure test validity and chain-of-custody integrity.

5. Complete Documentation Required Under DOT Regulations
After the incident, the supervisor must complete all necessary documentation in accordance with DOT regulations and the company’s policy. This includes:

• A written record of the observations that led to the testing referral, completed within 24 hours of the observed behavior or before the test results are released, whichever comes first.
• Any notes or statements from additional witnesses, if applicable.
• Confirmation that the DER was notified and that the employee was referred for testing.
• Information about the outcome, such as removal from duty, transportation arrangements, or refusal to test.

Proper documentation protects the supervisor, the employee, and the company. It also ensures that the process is fair, legally defensible, and fully compliant with 49 CFR Part 382 and 49 CFR Part 199.

Supervisor’s Ethical Obligation
This process is not about judgment or punishment. Supervisors have a legal and moral responsibility to act when there is reasonable suspicion. Doing so protects lives, upholds public trust, and maintains the integrity of the transportation and energy sectors.

When in doubt, act—but always act by the book.

Documentation Best Practices

Proper documentation is critical in any reasonable suspicion case. It not only supports compliance with DOT regulations but also protects both the employer and employee in the event of a dispute or audit. The goal of documentation is to create an objective, fact-based record of observable behavior that justifies reasonable suspicion testing. The following best practices must be followed by all trained supervisors:

Note the Date, Time, and Exact Behaviors
Record the precise date and time when behaviors were observed, along with a detailed description of those behaviors. Include:

• What you saw (e.g., “Employee stumbled and dropped a clipboard twice within five minutes”)
• What you heard (e.g., “Speech was slurred and employee repeated the same question several times”)
• What you smelled (e.g., “Strong odor of alcohol detected on breath when speaking at close range”)

The more specific the record, the more reliable and legally defensible it will be.

Do Not Make Assumptions—Only Report What You See, Hear, or Smell
Avoid subjective statements or diagnostic terms. Do not write things like:

• “I think they were drunk” or
• “He seemed high”

Instead, focus on facts:

• “Eyes were bloodshot and watery”
• “Employee was unsteady while walking and used the wall for balance”

Documentation should be free of emotion, opinion, or speculation. Your role is to report observations—not to draw conclusions.

Complete Internal Forms and Retain for Audit Purposes
Each company should have a standardized Reasonable Suspicion Observation Form or equivalent internal document. After observing and removing the employee from duty:

• Complete the form thoroughly, including all relevant details and timestamps
• Submit it to the DER or appropriate department as instructed by company policy
• Retain a copy in accordance with DOT and internal recordkeeping requirements

These documents may be reviewed during DOT audits or legal proceedings, so accuracy and completeness are essential.

Keep Records Confidential and Secure
Reasonable suspicion documentation involves sensitive employee information. To protect privacy and maintain compliance with DOT and company policy:

• Do not share information with unauthorized personnel
• Store records securely—physically locked if paper, or access-controlled if digital
• Only authorized individuals (e.g., DER, HR, legal counsel) should access or discuss these records

Failure to maintain confidentiality can lead to legal risk and loss of employee trust.

Effective documentation transforms subjective concerns into objective, actionable steps. It enables your organization to enforce safety standards while honoring the rights and dignity of every employee.

Legal Protections and Considerations

As a supervisor trained under DOT regulations, you are empowered—and required—to take action when reasonable suspicion arises. The following legal and procedural guidelines ensure that your actions are both protected and appropriate:

You Are Protected When Acting in Good Faith Under DOT Regulations

DOT regulations provide legal protection for supervisors who take action based on reasonable suspicion, as long as they act in good faith and follow established procedures. This means:

• You are not liable for testing referrals if your observations are honest, specific, and documented.
• Protection applies even if the test results come back negative, as long as your actions were justified by what you observed at the time.

Never Make Accusations—Report Observations
Supervisors are not expected to determine whether an employee is under the influence of drugs or alcohol. Your role is to:

• Report what you saw, heard, or smelled, not why you think it happened.
• Avoid words like “intoxicated” or “drugged.” Instead, use objective terms such as “slurred speech” or “smelled of alcohol.”

This approach protects you, the employee, and the company from legal or disciplinary missteps.

Always Follow Your Company’s Established Procedure
Even when signs are obvious, you must still:

• Notify the Designated Employer Representative (DER)
• Complete all required forms
• Follow the testing and removal protocols precisely

Following these procedures ensures that the process is compliant with DOT rules and legally defensible.

Maintain Professionalism and Confidentiality
Handling suspected substance misuse is sensitive. Protect the employee’s dignity and privacy by:

• Speaking privately and respectfully
• Limiting discussion to only those who are authorized to be involved
• Never disclosing information to other employees or third parties

By maintaining confidentiality, you uphold trust while also protecting the organization from legal exposure.

Summary

The Department of Transportation (DOT) holds employers—and specifically, supervisors—accountable for ensuring a safe and drug-free workplace. Reasonable suspicion testing is not optional; it is a regulatory requirement triggered by observable behavior that may indicate drug or alcohol misuse.

Supervisors are the first line of defense in identifying and responding to potential substance use in safety-sensitive environments. Your daily interactions place you in the best position to recognize changes in appearance, behavior, speech, and performance. These changes, when properly observed and documented, form the basis for legally justified and DOT-compliant testing referrals.

It is essential to remember that your role is not to diagnose or judge—you are not acting as a medical professional or investigator. Instead, your responsibility is to:

• Observe specific behaviors
• Document those behaviors objectively
• Notify the Designated Employer Representative (DER)
• Ensure the employee is removed from duty when appropriate
• Initiate testing according to established procedures

This training module fulfills the DOT’s training requirements under 49 CFR Part 382 (for CDL drivers) and 49 CFR Part 199 (for pipeline workers), both of which require supervisors to be trained in recognizing and appropriately responding to signs of drug and alcohol misuse.

By completing this training, you are equipped to make informed, lawful decisions that protect lives, ensure compliance, and uphold the integrity of your organization.