What does 49 CFR 40.271 (How are alcohol testing problems corrected?) require?

As a motor-carrier owner, here is what 49 CFR 40.271 requires for handling alcohol testing problems:

* Complete the test: The Breath Alcohol Technician (BAT) or Screening Test Technician (STT) is responsible for trying to successfully complete an alcohol test for each employee.

* Fix problems promptly: If the technician becomes aware of an event that will cause a test to be cancelled during or shortly after testing, they must try to correct the problem promptly if it is practicable.

* Repeat the test if necessary:

* If a new test must be run, start it as soon as possible using a new Alcohol Testing Form (ATF), a new sequential test number, and a new Alcohol Screening Device (ASD) and/or Breathalyzer (EBT) if needed.

* There is no limit on the number of attempts to complete the test, as long as the employee makes a good faith effort to comply.

* If no other testing device is available at the site, the technician must immediately notify your Designated Employer Representative (DER). Your DER must then make all reasonable efforts to have the test conducted at another site as soon as possible.

* Fix "correctable flaws": If a correctable flaw has not yet been fixed, anyone administering the process (such as an STT, BAT, employer, or service agent) must take all practicable action to correct it so the test is not cancelled:

* Missing information: The person responsible for the missing information must supply it in writing along with a signed, true, and accurate statement.

* Wrong form used: If a non-DOT form was used, the person responsible must provide a written certification on the same business day (via fax or courier) stating that the incorrect form has all the needed info, was used inadvertently or due to circumstances beyond their control, and detail the steps taken to prevent future use.

* Cancel if unfixable: If the problem cannot be corrected, the test must be cancelled.