What does 49 CFR 40.251 (What are the first steps in an alcohol confirmation test?) require?

As Ask X3, your fleet-compliance assistant, here are the required steps to begin an alcohol confirmation test according to 49 CFR 40.251:

1. Conduct a Waiting Period:

• Ensure a waiting period of at least 15 minutes starts immediately after the screening test is completed.
• Begin the confirmation test as soon as possible after the waiting period, but no later than 30 minutes after the screening test finished.
• Travel time between sites counts toward the waiting period only if the initial tester provided the waiting period instructions. If you cannot verify via the Alcohol Testing Form (ATF) that instructions were given, you must carry out the waiting period yourself.
• An employer representative, BAT, or STT must observe the employee during the waiting period.

2. Instruct the Employee During the Waiting Period:

• Tell the employee not to eat, drink, put anything in their mouth (such as gum or cigarettes), or belch.
• Explain that the waiting period prevents mouth alcohol from causing an artificially high reading.
• Inform the employee that following these instructions is to their benefit, and that the confirmation test will happen at the end of the waiting period regardless of whether they followed the instructions.
• If you learn the employee disobeyed the instructions, note it on the "Remarks" line of the ATF.

3. Handle Different Testing Personnel (If Applicable):

• If you did not conduct the screening test, require positive identification, explain the confirmation procedures, use a new ATF, and note on the "Remarks" line that a different BAT or STT conducted the screening test.

4. Complete the ATF:

• Complete Step 1 of the ATF.
• Direct the employee to complete Step 2 of 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 Designated Employer Representative (DER)—this counts as a refusal to test.

5. Exceeding the 30-Minute Window:

• If more than 30 minutes have passed since the screening test, you must still proceed with the confirmation test (do not perform another screening test).
• Note the elapsed time and the reason for the delay on the "Remarks" line of the ATF. While exceeding the 30-minute mark does not invalidate the tests, it may cause a regulatory violation subject to DOT agency sanctions.