§40.231 — What devices are used to conduct alcohol confirmation tests?
(a) EBTs on ODAPC's Web page for “Approved Evidential Breath Measurement Devices” that meet the requirements of paragraph (b) of this section are the only devices you may use to conduct alcohol confirmation tests under this part. |
(b) To conduct a confirmation test, you must use an EBT that has the following capabilities: (1) Provides a printed triplicate result (or three consecutive identical copies of a result) of each breath test; |
(2) Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the result; |
(3) Prints, on each copy of the result, the manufacturer's name for the device, its serial number, and the time of the test; |
(4) Distinguishes alcohol from acetone at the 0.02 alcohol concentration level; |
(6) Performs an external calibration check. |
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[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52246, Nov. 13, 2017]
§40.231 — DOT Regulatory Guidance
Question 1: Is an employer considered to be in compliance with Part 40 if EBTs are not available within 30 minutes of an alcohol screening test location? Guidance: An employer is not considered to be in compliance if an EBT is not available for use within 30 minutes to confirm the screening test.
However, there may exist unusual circumstances (e.g., post-accident testing) in which an EBT is not available within the appropriate time frame. In such a case, the employer would not be considered out of compliance with the regulation if documentation exists showing a "good faith" effort to get an EBT. [It is important to note that most operating administrations give employers up to 8 hours to administer the appropriate alcohol test following a qualifying accident.]