You are here

Alcohol Testing

Approved Evidential Breath Measurement Devices

Overview

Evidential Breath Testing (EBT) devices on this page are the only devices you may use to conduct alcohol confirmation tests under 49 CFR Part 40.  These EBTs may also be used to conduct alcohol screening tests under Part 40.

To conduct a confirmation test, you must use an EBT that has the following capabilities:

Updated: Thursday, April 5, 2018

DOT Rule 49 CFR Part 40 Section 40.277

Subpart N - Problems in Alcohol Testing

§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?
 
No, other types of alcohol tests (e,g., blood and urine) are not authorized for testing done under this part. Only saliva or breath for screening tests and breath for confirmation tests using approved devices are permitted.
Updated: Thursday, May 11, 2017

DOT Rule 49 CFR Part 40 Section 40.273

Subpart N - Problems in Alcohol Testing

§ 40.273 What is the effect of a cancelled alcohol test?
 
(a) A cancelled alcohol test is neither positive nor negative.
 
(1) As an employer, you must not attach to a cancelled test the consequences of a test result that is 0.02 or greater (e.g., removal from a safety-sensitive position).
 
(2) As an employer, you must not use a cancelled test in a situation where an employee needs a test result that is below 0.02 (e.g., in the case of a return-to-duty or follow-u
Updated: Thursday, May 11, 2017

DOT Rule 49 CFR Part 40 Section 40.271

Subpart N - Problems in Alcohol Testing

§ 40.271 How are alcohol testing problems corrected?
 
(a) As a BAT or STT, you have the responsibility of trying to complete successfully an alcohol test for each employee.
 
(1) If, during or shortly after the testing process, you become aware of any event that will cause the test to be cancelled (see §40.267), you must try to correct the problem promptly, if practicable.
Updated: Thursday, May 11, 2017

DOT Rule 49 CFR Part 40 Section 40.265

Subpart N - Problems in Alcohol Testing

§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?
 
(a) If an employee does not provide a sufficient amount of breath to permit a valid breath test, you must take the steps listed in this section.
 
(b) As the BAT or STT, you must instruct the employee to attempt again to provide a sufficient amount of breath and about the proper way to do so.
 
(1) If the employee refuses to make the attempt, you must dis
Updated: Thursday, May 11, 2017
Submit Feedback >