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An individual, who has been consuming alcohol while on call, is called into work. Would the driver be guilty of a prohibited conduct event if his or her alcohol concentration is greater than 0.04?

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An individual, who has been consuming alcohol while on call, is called into work. Would the driver be guilty of a prohibited conduct event if his or her alcohol concentration is greater than 0.04?

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No. The driver has not violated any Federal regulations by drinking while on call. (Drinking while on call may be a violation of company policy, but that is another issue.) Upon reporting for duty, the driver should tell his employer that he has consumed alcohol within the last four hours and therefore is not permitted to drive. If the driver shows up for work, doesn’t disclose that he or she has been drinking and then begins safety-sensitive functions, he or she would be in violation of the prohibitions for drinking within four hours of reporting for duty.

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