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DOT Rule 49 CFR Part 40 Section 40.247

Subpart L—Alcohol Screening Tests

§ 40.247 What procedures does the BAT or STT follow after a screening test result?
 
(a) If the test result is an alcohol concentration of less than 0.02, as the BAT or STT, you must do the following:
 
(1) Sign and date Step 3 of the ATF; and
 
(2) Transmit the result to the DER in a confidential manner, as provided in §40.255 .
 
(b) If the test result is an alcohol concentration of 0.02 or higher, as the BAT or STT, you must direct the employee to take a confirmation test.
 
(1) If you are the BAT who will conduct the confirmation test, you must then conduct the test using the procedures beginning at §40.251 .
 
(2) If you are not the BAT who will conduct the confirmation test, direct the employee to take a confirmation test, sign and date Step 3 of the ATF, and give the employee Copy 2 of the ATF.
 
(3) If the confirmation test will be performed at a different site from the screening test, you must take the following additional steps:
 
(i) Advise the employee not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch;
 
(ii) Tell the employee the reason for the waiting period required by §40.251(a) (i.e., to prevent an accumulation of mouth alcohol from leading to an artificially high reading);
 
(iii) Explain that following your instructions concerning the waiting period is to the employee's benefit;
 
(iv) Explain that the confirmation test will be conducted at the end of the waiting period, even if the instructions have not been followed;
 
(v) Note on the “Remarks” line of the ATF that the waiting period instructions were provided;
 
(vi) Instruct the person accompanying the employee to carry a copy of the ATF to the BAT who will perform the confirmation test; and
 
(vii) Ensure that you or another BAT, STT, or employer representative observe the employee as he or she is transported to the confirmation testing site. You must direct the employee not to attempt to drive a motor vehicle to the confirmation testing site.
 
(c) If the screening test is invalid, you must, as the BAT or STT, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, repeat the testing process (see §40. 271).
Updated: Wednesday, November 7, 2012