The FMCSA regulation (49 CFR part 382) requires that you conduct alcohol testing on drivers performing safety-sensitive functions consistent with the provisions set forth in 49 CFR part 40. The initial sample must be collected through the use of a saliva device, a nonevidential breath test device [alcohol screening device (ASD)], or an evidential breath testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA). All screening tests must be performed by a trained breath alcohol technician (BAT). Saliva and nonevidential breath testing must only be performed by a trained screening test technician (STT).
The confirmation sample must be conducted within 30 minutes of the completion of the screening test. The confirmation test must use an EBT that is approved by NHTSA. The test must be performed by a trained BAT.
The FMCSA regulation prohibits you from allowing a driver with an alcohol concentration of 0.04 or greater to perform any safety-sensitive functions until he/she has been evaluated by an SAP and has passed a return-to-duty test. A driver with an alcohol concentration of 0.02 or greater, but less than 0.04, must be removed from duty for 24 hours.
An EBT is a breath testing device that is capable of measuring a driver’s blood alcohol concentration. It must be able to distinguish alcohol from acetone at the 0.02 alcohol concentration level. An EBT must be capable of conducting an air blank and performing an external calibration check. For confirmation tests (defined later), you must use EBTs that can
Produce a printed result in triplicate or three consecutive identical copies of each breath test Print a unique and sequential number of each completed test, with the BAT and the driver being able to read the number before each test, and print the number on each copy of the result Print, on each copy of the result, the manufacturer’s name for the device, the device’s serial number, and the time of the test