What does 49 CFR 40.255 (What happens next after the alcohol confirmation test result?) require?

Based on 49 CFR 40.255, after an alcohol confirmation test result is printed by the EBT, the Breath Alcohol Technician (BAT) and the employer must take the following specific steps:

As the BAT:

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

2. If the result is lower than 0.02: Nothing further is required of the employee, but you must still sign and date Step 3 of the ATF.

3. If the result is 0.02 or higher: Direct the employee to sign and date Step 4 of the ATF. If the employee refuses, note it on the "Remarks" line (this is not a refusal to test).

4. If the test is invalid: Tell the employee the test is cancelled, note the problem on the "Remarks" line of the ATF, and conduct a re-test if practicable.

5. Immediately transmit the result directly and confidentially to the Designated Employer Representative (DER):

• You can transmit results using Copy 1 of the ATF in person, by phone, or electronically.
• For any result of 0.02 or greater, you must immediately notify the DER using a method (such as telephone or secure fax) that ensures they receive it right away.
• Important: Do not transmit these results through C/TPAs or other service agents.
• If your initial transmission is not in writing, you must follow it up with Copy 1 of the ATF.

As the Employer:

1. If you receive test results not in writing (such as by phone or electronically), you must establish a mechanism to verify the identity of the BAT sending them.

2. You must store all test result information securely to protect confidentiality.