Ask X3What does 49 CFR 40.241 (What are the first steps in any alcohol screening test?) require?
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According to 49 CFR 40.241, when conducting an alcohol screening test, the Breath Alcohol Technician (BAT) or Screening Test Technician (STT) must follow these initial steps:
1. Handle Lateness: If a scheduled employee does not show up on time, contact the Designated Employer Representative (DER) to find out how long the employee is authorized to wait. If the employee is late beyond that time, notify the DER. If a C/TPA told an owner-operator or individual employee to report and they do not appear, the C/TPA must notify the employee that they have refused the test.
2. Start Without Undue Delay: Begin the process as soon as the employee enters the testing site. Do not wait because the employee claims they are not ready or because an employer/employee representative is late. If a DOT drug test is also required, complete the alcohol test before the urine collection whenever practicable. However, do not delay necessary medical attention (such as for an injured employee) to conduct the test.
3. Verify Identification: Require the employee to provide positive identification using a photo ID issued by the employer (unless they are an owner-operator/self-employed) or a government-issued ID (like a driver's license). Faxes and photocopies are not allowed. Positive identification by an employer representative (not a co-worker or another tested employee) is also accepted. If the employee has no ID, contact the DER to verify their identity.
4. Show Your ID: If the employee asks, provide your identification, which must include your name and employer's name (picture, address, and phone number are not required).
5. Explain the Procedure: Explain the testing process to the employee and show them the instructions on the back of the Alcohol Testing Form (ATF).
6. Complete ATF Step 1: Fill out Step 1 of the ATF.
7. Get Employee Certification: Direct the employee to complete Step 2 on the ATF and sign the certification. If they refuse to sign, document the refusal on the "Remarks" line of the ATF and immediately notify the DER (this counts as a refusal to test).