Ask X3What does 49 CFR 40.263 (What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?) require?
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Based on 49 CFR 40.263, if an employee cannot provide a sufficient amount of saliva for an alcohol screening test, the regulations require the following practical steps:
For the Screening Test Technician (STT):
1. You must conduct a brand-new screening test using a new screening device.
2. If the employee refuses to try and complete this new test, you must stop testing, write this down on the “Remarks” line of the Alcohol Testing Form (ATF), and immediately notify the Designated Employer Representative (DER). This counts as a refusal to test.
3. If the employee still cannot provide enough saliva to complete the second test, you must note this on the “Remarks” line of the ATF and immediately notify the DER.
For the Motor-Carrier Owner / Designated Employer Representative (DER):
1. Once the STT informs you that the employee could not provide a sufficient amount of saliva for the second screening test, you must immediately arrange to administer an alcohol test to the employee using an evidential breath testing (EBT) device or another breath testing device.