See also: § 40.273 What is the effect of a cancelled alcohol test? § 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test? § 40.208 What problem requires corrective action but does not result in the cancellation of a test? § 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action? §40.267 Cancellation of alcohol tests. § 40.161 What does the MRO do when a drug test specimen is rejected for testing?
These problems are:
(a) In the case of a screening test conducted on a saliva ASD or a breath tube ASD:
(1) The STT or BAT reads the result either sooner than or later than the time allotted by the manufacturer and this Part (see §40.245(a)(8) for the saliva ASD and §40.245(b)(8) for the breath tube ASD).
(2) The saliva ASD does not activate (see §40.245(a)(7); or
(4) The breath tube ASD is tested with an analyzer which has not been pre-calibrated for that device’s specific lot (see §40.245(b)(1)).
(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 (c)(3)).
As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the problems listed above and contained in DOT Part 40 Subpart § 40.267 occur. These are “fatal flaws.” The DER must be informed that the test was cancelled and the test must be treated as if it never occurred. In addition correctable flaws should be corrected.
On the following form, document the events surrounding the decision to cancel the test. Also describe and note that correctable flaws have been corrected.
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