Code of Federal Regulations > 49 CFR Department of Tran... > A Office of the Secretary > 40 Procedures For Transpo... > N Problems in Alcohol Tes...

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§40.275 — What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

(a)

As an STT, BAT, employer, or a service agent administering the testing process, you must document any errors in the testing process of which you become aware, even if they are not “fatal flaws” or “correctable flaws” listed in this subpart. Decisions about the ultimate impact of these errors will be determined by administrative or legal proceedings, subject to the limitation of paragraph (b) of this section.

(b)

No person concerned with the testing process may declare a test cancelled based on a mistake in the process that does not have a significant adverse effect on the right of the employee to a fair and accurate test. For example, it is inconsistent with this part to cancel a test based on a minor administrative mistake (e.g., the omission of the employee's middle initial) or an error that does not affect employee protections under this part. Nor does the failure of an employee to sign in Step 4 of the ATF result in the cancellation of the test. Nor is a test to be cancelled on the basis of a claim by an employee that he or she was improperly selected for testing.

(c)

As an employer, these errors, even though not sufficient to cancel an alcohol test result, may subject you to enforcement action under DOT agency regulations.

§40.275 — 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: