Ask X3What does 49 CFR 40.227 (May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As a motor-carrier owner, here is what you need to know based on 49 CFR 40.227:
* Strict Prohibitions: You, along with your Breath Alcohol Technicians (BATs) and Screening Test Technicians (STTs), are strictly prohibited from using the Alcohol Testing Form (ATF) for non-DOT alcohol tests. You are also prohibited from using non-DOT forms for DOT alcohol tests. Breaking these rules subjects you to enforcement action under DOT agency regulations.
* Mistakes or Difficult Circumstances: If a non-DOT form is used for a DOT test by mistake or because it was the only way to conduct a test under difficult circumstances (such as a post-accident test where there was not enough time to get an ATF), it does not automatically mean the test must be cancelled.
* Making the Test Valid: For that test to be considered valid when a non-DOT form was mistakenly used, you must obtain a signed statement from the STT or BAT in accordance with § 40.271(b).