Ask X3What does 49 CFR 40.267 (What problems always cause an alcohol test to be cancelled?) require?
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According to 49 CFR 40.267, as an employer, BAT (Breath Alcohol Technician), or STT (Screening Test Technician), you must cancel an alcohol test if any of the following "fatal flaws" occur. When a test is cancelled, you must inform the Designated Employer Representative (DER) that the test was cancelled and must be treated as if it never occurred.
The specific problems that always cause a test to be cancelled are:
For screening tests conducted on a saliva ASD or breath tube ASD:
1. The STT or BAT reads the result sooner or later than the time allowed by the manufacturer and regulations.
2. A saliva ASD fails to activate.
3. The testing device is used after the expiration date printed on the device or its package.
4. A breath tube ASD is tested using an analyzer that has not been pre-calibrated for that specific device lot.
For screening or confirmation tests conducted on an EBT (Evidential Breath Testing device):
5. The sequential test number or alcohol concentration displayed on the EBT does not match the sequential test number or alcohol concentration on the printed result.
For confirmation tests:
6. The BAT conducts the confirmation test before the 15-minute minimum waiting period is over.
7. The BAT fails to conduct an air blank before the confirmation test.
8. The air blank conducted before the confirmation test does not show a 0.00 result.
9. The EBT fails to print the result.
10. The next external calibration check of the EBT produces a result that differs from the known value of the test standard by more than the tolerance stated in the Quality Assurance Plan (QAP). (In this case, every result of 0.02 or higher obtained on the EBT since the last valid external calibration check must be cancelled).