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What does 49 CFR 40.247 (What procedures does the BAT or STT follow after a screening test result?) require?

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As Ask X3, your fleet-compliance assistant, here are the procedures required by 49 CFR 40.247 for a BAT (Breath Alcohol Technician) or STT (Screening Test Technician) after conducting an alcohol screening test:

* If the result is less than 0.02:

1. Sign and date Step 3 of the Alcohol Testing Form (ATF).

2. Transmit the result confidentially to the Designated Employer Representative (DER).

* If the result is 0.02 or higher:

1. Direct the employee to take a confirmation test.

2. If you are conducting the confirmation test yourself, proceed using the rules starting at § 40.251.

3. If you are not conducting the confirmation test, direct the employee to take it, sign and date Step 3 of the ATF, and give the employee Copy 2 of the ATF.

4. If the confirmation test is at a different site, you must also:

* Instruct the employee not to eat, drink, put anything in their mouth (like gum or cigarettes), or belch.

* Explain the reason for the waiting period (to prevent mouth alcohol from causing a falsely high reading) and that following instructions benefits them.

* Explain that the confirmation test will happen at the end of the wait even if instructions are not followed.

* Write on the "Remarks" line of the ATF that you gave these waiting-period instructions.

* Instruct anyone accompanying the employee to carry an ATF copy to the confirmation BAT.

* Ensure you, another BAT/STT, or an employer representative observes the employee during transport, and strictly direct the employee not to drive to the site.

* If the test is invalid:

1. Tell the employee the test is cancelled.

2. Note the problem on the "Remarks" line of the ATF.

3. Repeat the testing process if practicable (referencing § 40.271).

§ 49 CFR 40.247 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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