Current textIn force on Oct. 1, 2008Source: annual CFR editions 2001–2016

§ 40.221 Where does an alcohol test take place?

Current wording, first on file in the 2001 annual edition.

govinfo, 2008 edition ↗

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2008 edition's wording. An amendment that took effect between Oct. 1, 2008 and Oct. 1, 2008 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 40.221 — Where does an alcohol test take place?. Text in force on October 1, 2008. This wording effective October 1, 2001 to present. Source: govinfo, 2008 edition, https://www.govinfo.gov/app/details/CFR-2008-title49-vol1/CFR-2008-title49-vol1-sec40-221. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.221?asof=2008-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) A DOT alcohol test must take place at an alcohol testing site meeting the requirements of this section.

(b) If you are operating an alcohol testing site, you must ensure that it meets the security requirements of § 40.223.

(c) If you are operating an alcohol testing site, you must ensure that it provides visual and aural privacy to the employee being tested, sufficient to prevent unauthorized persons from seeing or hearing test results.

(d) If you are operating an alcohol testing site, you must ensure that it has all needed personnel, materials, equipment, and facilities to provide for the collection and analysis of breath and/or saliva samples, and a suitable clean surface for writing.

(e) If an alcohol testing site fully meeting all the visual and aural privacy requirements of paragraph (c) is not readily available, this part allows a reasonable suspicion or post-accident test to be conducted at a site that partially meets these requirements. In this case, the site must afford visual and aural privacy to the employee to the greatest extent practicable.

(f) An alcohol testing site can be in a medical facility, a mobile facility (e.g., a van), a dedicated collection facility, or any other location meeting the requirements of this section.

Amendment history

1 distinct wording on file since Oct. 1, 2001

Oct. 1, 2001 → presentannual editions 2001–2016viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.