§ 40.51 What materials are used to send oral fluid specimens to the laboratory?
Current wording, effective June 1, 2023.
(a) TheExcept breathas alcoholprovided technician (BAT) shall be trained to proficiency in theparagraph operation of the EBT he or she is using and in the alcohol testing procedures of this part.(1b) Proficiency shall be demonstrated by successful completion of a course of instruction which, at a minimum, provides training in the principles of EBT methodology, operation, and calibration checks; the fundamentals of breath analysis for alcohol content; and the procedures required in this part for obtaining a breath samplesection, andyou interpretingmust anduse recording EBT results.a
(2) Only courses of instruction for operation of EBTs that are equivalent to the Department of Transportation model course, as determined by the National Highway Traffic Safety Administration (NHTSA), may be used to train BATs to proficiency. On request, NHTSA will review BATshipping instructioncontainer course for equivalency.that
(3) The course of instruction shall provide documentation theadequately BATprotects has demonstrated competence in the operationspecimen ofbottles thefrom specificdamage EBT(s) he/she will use.in
(4) Any BAT who will perform an external calibration check of an EBT shall be trained to proficiency conducting the checktransport on the particular model of EBT,specimens tofrom include practical experience and demonstrated competence in preparing the breathcollection alcoholsite simulator or alcohol standard, and in maintenance and calibration of the EBT.to
(5) The BAT shall receive additional training, as needed, ensure proficiency, concerning new or additional devices or changes in technology that he or she will use.the
(6) The employer or its agent shall establish documentation of training and proficiency test of each BAT it uses to test employees, and maintain the documentation as provided in § 40laboratory.83.
(b) AYou BAT-qualifiedare supervisornot ofrequired an employee may conduct the alcohol test for that employee only if another BAT is unavailable to performuse the test in a timelyshipping manner.container Aif supervisor shall not serve as a BATlaboratory forcourier hand-delivers the employeespecimens infrom any circumstance prohibited by a DOT operating administration regulation.the
(c) Law enforcement officers who have been certified by state or local governments to conduct breath alcohol testing are deemed to be qualified as BATs. In order for a test conducted by such an officer to be accepted under Department of Transportation alcohol testing requirements, officercollection mustsite have been certified by a state or local government to use the EBT or non-evidential alcohol screening device that was used for the testlaboratory.
[5988 FR 735727640, Feb.May 152, 1994, as amended at 60 FR 19679, Apr. 20, 19952023]
(a) Except as provided in paragraph (b) of this section, you must use a shipping container that adequately protects the specimen bottles from damage in the transport of specimens from the collection site to the laboratory.
(b) You are not required to use a shipping container if a laboratory courier hand-delivers the specimens from the collection site to the laboratory.
[88 FR 27640, May 2, 2023]
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [88 FR 27640, May 2, 2023]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000[59 FR 7357, Feb. 15, 1994, as amended at 60 FR 19679, Apr. 20, 1995]
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. Set a case date in the header to read any earlier wording.