§ 40.267 What problems always cause an alcohol test to be cancelled?

Link to an amendment published at 67 FR 61522, Oct. 1, 2002.
As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are “fatal flaws.” You must inform the DER that the test was cancelled and must be treated as if the test never occurred. These problems are:
(a) In the case of a screening test conducted on a saliva ASD:
(1) The STT reads the result either sooner than or later than the time allotted by the manufacturer (see § 40.245(h));
(2) The device does not activate (see § 40.245(g)); or
(3) The device is used for a test after the expiration date printed on its package (see § 40.245(a)).
(b) In the case of a screening or confirmation test conducted on an EBT, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result (see § 40.253(c), (e) and (f)).
(c) In the case of a confirmation test:
(1) The BAT conducts the confirmation test before the end of the minimum 15-minute waiting period (see § 40.251(a)(1));
(2) The BAT does not conduct an air blank before the confirmation test (see § 40.253(a));
(3) There is not a 0.00 result on the air blank conducted before the confirmation test (see § 40.253(a)(1) and (2));
(4) The EBT does not print the result (see § 40.253(f)); or
(5) The next external calibration check of the EBT produces a result that differs by more than the tolerance stated in the QAP from the known value of the test standard. In this case, every result of 0.02 or above obtained on the EBT since the last valid external calibration check is cancelled (see § 40.233(a)(1) and (d)).
Effective Date Note:
At 67 FR 61522, Oct. 1, 2002, § 40.267 was amended by revising the introductory text and paragraph (a) effective October 30, 2002. For the convenience of the user the revised text is set forth as follows.