3 – 10. Civilian employees subject to Department of Transportation rules--prohibitions and consequences a. The DOT rules at 49 CFR Part 382 apply to DA Civilian employees who operate a commercial motor vehicle in commerce in any State and who are subject to the commercial driver’s license requirements of 49 CFR Part 383. b. Performance of DOT-defined safety-sensitive functions is prohibited when the driver (1) Has used alcohol while on duty. (2) Has an alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test. (a)Additionally, drivers who have an alcohol concentration of 0.02 percent or greater but less than 0.04 percent on a confirmation test may not perform or continue to perform safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours after administration of the test. (A return-to-duty testis not required) (b) If a driver’s behavior or appearance indicates a violation of a DOT prohibition, and notwithstanding the absence of a reasonable suspicion alcohol test, the driver must be removed immediately from performing safety-sensitive duties until at least 24 hours has elapsed following the reasonable suspicion determination. (A return-to-duty testis not required) (3) Used alcohol within 4 hours of otherwise having to perform safety-sensitive duties. (4) Refuses to submit to an alcohol or drug test as defined in the DOT regulations.