Implementation Guidelines - Federal Transit Administration - U.S. ...

sufficient amount of breath. A medical
condition includes any ascertainable
physiological condition or a medically
documented pre-existing psychological
disorder. This does not include unsupported
assertions of “situational anxiety” or
hyperventilation.
If no valid medical explanation is found,
the insufficient volume is considered a test
refusal. If a valid medical explanation is
provided, the test will be cancelled.
Incomplete or Cancelled Tests (§40.267).
To protect the integrity of the test and to
ensure accurate results, the procedures for
conducting an alcohol breath test are
rigorous. Alcohol confirmation tests are
considered invalid when the following
occurs:
• A saliva test is used for a screen test
after its expiration date, the waiting
time specified by the manufacturer is
not adhered to, or the device is not
activated;
• The BAT does not wait 15 minutes
between the screening and
confirmatory tests;
• A valid air blank test is not
performed before each confirmation
test;
• The air blank conducted before the
confirmation test has a reading other
than 0.00;
• The EBT fails to print the
confirmation results;
• The sequential test number on the
EBT is not the same as the number
on the printout, or the alcohol
concentration displayed on the EBT
is different from what was printed
out; or
• The external calibration check of the
EBT produces a result outside the
allowed tolerance levels. In this
case, every test result of 0.02 or
above obtained on the EBT since the
last valid external calibration check
will be cancelled (§40.267).
These results are considered “fatal
flaws” and cannot be corrected. The test
is cancelled and considered neither
positive nor negative. Cancelled tests
must be reported to the DER within 48
hours of the cancellation. The employee
must be treated as if the test never
occurred. If the employee needs a
negative test result for a return-to-duty
or follow-up test, a retest must be
performed. Otherwise, a retest
following a cancelled test is prohibited.
A cancelled test does not count toward
the minimum random testing rate
requirements.
Other problems that occur are
considered correctable. If the BAT/STT
becomes aware of a problem during the
testing process, the BAT/STT must try
to correct the problem immediately and,
if necessary, repeat the test. If a test is
repeated, the BAT/STT is not limited to
the number of attempts that can be made
to complete the test as long as the
employee is making a good faith effort
to provide the breath specimen. If a
testing device is inoperable, efforts must
be made to locate another testing device
to complete the test.
If the BAT/STT or employer
becomes aware of a “correctable flaw”
that has not already been corrected, the
individual must take all practicable
actions to correct the problem so that the
test is not cancelled. If these problems
are not corrected, the test must be
cancelled.
Chapter 8. Alcohol Testing Procedures 8-10 August 2002