What does 49 CFR 40.223 (What steps must be taken to protect the security of alcohol testing sites?) require?

To protect the security of alcohol testing sites, 49 CFR 40.223 requires the following practical steps:

* Control Access: Prevent unauthorized people from entering the testing site. Only allow authorized individuals inside, which include the employee being tested, Breath Alcohol Technicians (BATs), Screening Test Technicians (STTs), other site workers, Designated Employer Representatives (DERs), employer-authorized employee representatives, and DOT agency representatives.

* Supervise Everyone: Ensure that all permitted persons are supervised by a BAT or STT at all times while in the testing site.

* Remove Disruptive Individuals: You have the right to remove anyone who obstructs, interferes with, or causes unnecessary delay in the testing process.

* Limit Witnesses: Do not allow anyone other than the BAT, STT, the employee being tested, or a DOT agency representative to actually witness the testing process.

* Secure Equipment: Store breath testing devices (EBTs or ASDs) in a secure place when they are not being used for testing.

* Restrict Site Access During Insecurity: Ensure that no one other than BATs or site employees has access to the testing site when an EBT is left unsecured.

* Test One Employee at a Time: Conduct an alcohol test for only one employee at a time to avoid distractions that could compromise security. Specifically:

* If a screening test is 0.02 or higher and the same EBT will be used for confirmation, you cannot use that EBT on another employee until the confirmation test is complete.

* If you are conducting both tests, finish the entire screening and confirmation process on the first employee before starting a screening test on another.

* Remain on Site: Do not leave the testing site while an employee's test is in progress, except to notify a supervisor or contact a DER for assistance if someone obstructs, interferes with, or delays the testing process.