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Alcohol Testing

Approved Evidential Breath Measurement Devices

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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:

  1. Provides a...

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.

DOT Rule 49 CFR Part 40 Section 40.275 Q&A

§40.243; §40.253; §40.275; Appendix G            09/01QUESTION:Is it acceptable to affix printed alcohol test results on the back of the Alcohol Testing Form (ATF) rather than on the front?ANSWER:§40.243(f) and §40.253(g) instruct the BAT to affix the printout of the information from the alcohol testing device to the designated space on the ATF.• The designated space on...

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...

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. You may repeat the...

DOT Rule 49 CFR Part 40 Section 40.269

Subpart N - Problems in Alcohol Testing

§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected? As a BAT or STT, or employer, you must cancel an alcohol test if any of the following problems occur, unless they are corrected. These are “correctable flaws.” These problems are: (a) The BAT or STT does not sign the ATF (see §§40.247(a)(1) and 40.255(a)(1)). (b) The BAT...

DOT Rule 49 CFR Part 40 Section 40.267

Subpart N - Problems in Alcohol Testing

§ 40.267 What problems always cause an alcohol test to be cancelled?As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are “fatal flaws.” You must inform the DER that the test was cancelled and must be treated as if the test never occurred. These problems are: (a) In the case of a screening test conducted on a saliva ASD or a breath tube ASD: (1) The STT or BAT reads...

DOT Rule 49 CFR Part 40 Section 40.265 Q&A

§§40.193; 40.265                                                    01/02 QUESTION: Do the five days within which an employee is given to obtain a medical evaluation after providing an insufficient amount of urine or breath include holidays and weekends, or does this refer to five business days? ANSWER: • The five-day limit for obtaining an examination by a licensed physician refers to business days. • Therefore, holidays and weekend days...

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...