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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Scope
Non-evidential screening devices may be used for the alcohol screening test, provided they are approved by the National Highway Traffic Safety Administration (NHTSA).
Regulatory citations
- 49 CFR 40.213 — What training requirements must STTs and BATs meet?
- 49 CFR 40 Subpart L — Alcohol screening tests
- 49 CFR 40 Subpart N — Problems in alcohol testing
Key definitions
- Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
- Alcohol screening device (ASD): A breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and appears on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA.
- Breath alcohol technician (BAT): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.
- Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
- Employer: A person or entity employing one or more employees (including an individual who is self-employed) subject to DOT agency regulations requiring compliance with Part 40. The term includes an employer’s officers, representatives, and management personnel. Service agents are not employers for the purposes of Part 40.
- Evidential breath testing device (EBT): A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the.02 and.04 alcohol concentrations, and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.
- Screening test technician (STT): A person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device ASD.
Summary of requirements
Devices approved by NHTSA are placed on the “Conforming Products List of Alcohol Screening Devices.” Confirmation tests must be done using an evidential breath testing device.
Individuals may act as a screening test technician (STT) if they have had the proper training and instruction required by §40.213. The training must be documented.
Many of the alcohol testing provisions apply to STTs as well as to BATs.
Refer to Part 40, Subpart L for testing requirements.
The non-evidential screening device must have an approved quality assurance plan. The device must be used in accordance with manufacturer’s instructions.
Refer to Part 40, Subpart N, for information on handling issues such as a refusal to test and situations that cause a test to be cancelled.
The DOT Alcohol Testing form is to be used for recording the test.
READ MORESHOW LESS
['Drug and Alcohol Testing - DOT']
['Non-evidential alcohol screening devices - Motor Carrier', 'Alcohol testing - Motor Carrier']
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