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

As the BAT conducting an alcohol confirmation test, you must follow these steps in order to complete the confirmation test process:

 
(a)
In the presence of the employee, you must conduct an air blank on the EBT you are using before beginning the confirmation test and show the reading to the employee.
 
(1)
If the reading is 0.00, the test may proceed. If the reading is greater than 0.00, you must conduct another air blank.
 
(2)
If the reading on the second air blank is 0.00, the test may proceed. If the reading is greater than 0.00, you must take the EBT out of service.
 
(3)
If you take an EBT out of service for this reason, no one may use it for testing until the EBT is found to be within tolerance limits on an external check of calibration.
 
(4)
You must proceed with the test of the employee using another EBT, if one is available.
 
(b)
You must open a new individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer's instructions.
 
(c)
You must ensure that you and the employee read the unique test number displayed on the EBT.
 
(d)
You must instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.
 
(e)
You must show the employee the result displayed on the EBT.
 
(f)
You must show the employee the result and unique test number that the EBT prints out either directly onto the ATF or onto a separate printout.
 
(g)
If the EBT provides a separate printout of the result, you must attach the printout to the designated space on the ATF with tamper-evident tape, or use a self-adhesive label that is tamper-evident.

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

 
§40.253 — DOT Regulatory Guidance
 
Question 1: Is it acceptable to affix printed alcohol test results on the back of the Alcohol Testing Form (ATF) rather than on the front?

Guidance: §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 the ATF is on the front of the form. That is where BATs and STTs should affix the printouts.

However, because the instructions on the ATF also permit the printout to be affixed to the back of the ATF, the Department has no objections to having the printouts on the back of the ATF.

   Reason: