Historical textIn force on Oct. 1, 1999Source: annual CFR editions 1996–2000

§ 40.57 Locations for breath alcohol testing.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition. The section was then removed.

govinfo, 1999 edition ↗

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1999 edition's wording. An amendment that took effect between Oct. 1, 1999 and Oct. 1, 1999 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 40.57 — Locations for breath alcohol testing.. Text in force on October 1, 1999. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1999 edition, https://www.govinfo.gov/app/details/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec40-57. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.57?asof=1999-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Each employer shall conduct alcohol testing in a location that affords visual and aural privacy to the individual being tested, sufficient to prevent unauthorized persons from seeing or hearing test results. All necessary equipment, personnel, and materials for breath testing shall be provided at the location where testing is conducted.

(b) An employer may use a mobile collection facility (e.g., a van equipped for alcohol testing) that meets the requirements of paragraph (a) of this section.

(c) No unauthorized persons shall be permitted access to the testing location when the EBT remains unsecured or, in order to prevent such persons from seeing or hearing a testing result, at any time when testing is being conducted.

(d) In unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident), a test may be conducted at a location that does not fully meet the requirements of paragraph (a) of this section. In such a case, the employer or BAT shall provide visual and aural privacy to the employee to the greatest extent practicable.

(e) The BAT shall supervise only one employee's use of the EBT at a time. The BAT shall not leave the alcohol testing location while the testing procedure for a given employee (see §§ 40.61 through 40.65) is in progress.

Amendment history

1 distinct wording on file since Oct. 1, 1996

Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing

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.