§ 40.251 What are the first steps in an alcohol confirmation test?

As the Breath Alcohol Technician (BAT) for an alcohol confirmation test, you must follow the steps below to begin the confirmation testing process.

(a) You must implement a waiting period before conducting the confirmation test by taking the following steps:

(1) Ensure the waiting period lasts at least 15 minutes, starting from the completion of the screening test. After the waiting period has elapsed, you must begin the confirmation test as soon as possible, but no later than 30 minutes after completion of the screening test.

• (i) If the confirmation test takes place at a different location than the screening test (see § 40.247(b)(3)), the transit time counts toward the waiting period if the BAT or STT conducting the screening test provided waiting-period instructions.
• (ii) If you cannot verify, through review of the ATF, that waiting-period instructions were provided, you must implement the full waiting period requirement.
• (iii) You, another BAT or STT, or an employer representative must observe the employee during the waiting period.

(2) During the waiting period, you must instruct the employee:

• (i) Not to eat, drink, smoke, chew gum, place anything in their mouth, or belch
• (ii) That the waiting period prevents residual mouth alcohol from producing an artificially high result
• (iii) That following the instructions benefits the employee
• (iv) That the confirmation test will be conducted even if instructions are not followed

(3) If you become aware that the employee did not follow these instructions, you must note this on the “Remarks” line of the ATF.

(b) If you did not conduct the screening test, you must verify the employee’s identity, explain the confirmation procedures, use a new ATF, and note on the “Remarks” line that a different BAT or STT conducted the screening test.

(c) Complete Step 1 of the ATF.

(d) Direct the employee to complete Step 2 of the ATF and sign the certification. If the employee refuses to sign, document the refusal on the “Remarks” line of the ATF and immediately notify the DER. This constitutes a refusal to test.

(e) Even if more than 30 minutes have elapsed since the screening test, you must proceed with confirmation testing under § 40.253 and must not conduct another screening test.

(f) You must record on the ATF the amount of time elapsed between tests and, if applicable, the reason the confirmation test did not begin within 30 minutes.

(g) Beginning the confirmation test after more than 30 minutes does not invalidate the test but may constitute a regulatory violation subject to DOT agency sanctions.

§ 40.253 What are the procedures for conducting an alcohol confirmation test?

As the BAT, you must conduct the confirmation test using the following procedures:

• Conduct an air blank on the EBT in the employee’s presence
• If the reading is greater than 0.00, perform a second air blank
• If the second reading is greater than 0.00, remove the EBT from service
• Use another EBT if available
• Open a new mouthpiece in the employee’s presence
• Ensure both you and the employee read the unique test number
• Instruct the employee to blow steadily and forcefully for at least six seconds
• Show the employee the displayed result
• Attach any printed result to the ATF using tamper-evident tape

[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001]

§ 40.255 What happens next after the alcohol confirmation test result?

After the EBT prints the confirmation test result, the BAT must:

• Sign and date Step 3 of the ATF
• If the result is below 0.02, no further employee action is required
• If the result is 0.02 or higher, direct the employee to sign Step 4
• Immediately and confidentially transmit results to the DER
• Ensure written follow-up if initial transmission was verbal or electronic

Employers must verify the identity of the BAT transmitting results and must store all alcohol test records in a manner that protects confidentiality.

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