TITLE 49 - TRANSPORTATION

SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION

PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

subpart n - PROBLEMS IN ALCOHOL TESTING

40.263 - What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

  (a) As the STT, you must take the following steps if an employee is unable to provide sufficient saliva to complete a test on a saliva screening device (e.g., the employee does not provide sufficient saliva to activate the device).

  (1) You must conduct a new screening test using a new screening device.

  (2) If the employee refuses to make the attempt to complete the new test, you must discontinue testing, note the fact on the Remarks line of the ATF, and immediately notify the DER. This is a refusal to test.

  (3) If the employee has not provided a sufficient amount of saliva to complete the new test, you must note the fact on the Remarks line of the ATF and immediately notify the DER.

  (b) As the DER, when the STT informs you that the employee has not provided a sufficient amount of saliva (see paragraph (a)(3) of this section), you must immediately arrange to administer an alcohol test to the employee using an EBT or other breath testing device.