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Question ID:
 /256
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Section:
 /Q&A 57
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 /40
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 /DRUG

§40.329

  • In general, the MRO should provide all records that are available related to that employee, to include written notes, checklists, or comments. All of this information was obtained from the employee or from appropriate individuals or organizations (with the employee`s authorization) or from documentation provided by the employee.
  • Consistent with appropriate medical record constraints, the MRO may need to withhold or interpret sensitive medical, psychiatric, and mental health record information.

Categories: Ask DOTti, General
Question ID:
 /622
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Return Material Authorization form.

Whenever you ship anything to us, an RMA form is required.  You can fill out the form online and print a copy, or you can download and print a hard copy of the form to fill out by hand.  Forms & Applications

Categories: Glossary, R - Z
Question ID:
 /257
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Section:
 /Q&A 59
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 /40
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 /NULL
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 /BOTH

No. Part 40 specifically requires that previous employers immediately provide the gaining employer with the appropriate drug and alcohol testing information.

No one (i.e., previous employer, service agent [to include C/TPA], employer information / data broker) may withhold this information from the requesting employer pending payment for it.

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Question ID:
 /623
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Most, if not all, states have regulations that govern workplace testing.  Due to the fact that there are 50 different sets of rules and that they are often dynamic in nature, Intoximeters tries to, but is not always up to date on the latest requirements for each and every state.  Many companies consult with legal counsel specializing in employment law when establishing a company policy regarding drug/alcohol testing.

If your company is required to conduct drug and alcohol testing under one of the Federally mandated workplace alcohol testing programs (i.e.; the U.S. Department of Transportation, the Nuclear Regulatory Commission, or another federal agency regulation) it is probable that these federal regulations supersede state laws.

Question ID:
 /258
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Section:
 /Q&A 60
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 /40
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 /DRUG

§40.159

 

  • If “Invalid – Color difference” is the only result reported to you, you must follow the guidance of §40.159 by contacting the laboratory to obtain more specific information about the color difference between the specimens, and contacting the donor to obtain a legitimate explanation for the color difference. While there is no legitimate medical reason for anyone being able to provide a specimen that separates into two different colors when placed in two different bottles, the interview is necessary to determine appropriate follow-on action.
  • You must determine whether the donor has provided you with a legitimate explanation for the color difference (e.g., the collector used two separate voids for the collection), or not (e.g., no clue as to how the colors changed by the time the specimens reached the laboratory).
  • You must follow §40.159 for canceling the result, reporting the result to the employer, determining whether a recollection is necessary and, if so, should it be under direct observation.
  • If the laboratory has also reported to you that the specimen is positive, adulterated, or substituted, then you must process the results in accordance with §40.1129-131. If you determine (i.e., verifiy) the final result to be positive, adulterated, or substituted, then no additional action is required by you due to the color difference. You must not direct the employee to take another test.
  • Notify the employer that the collector must receive “error correction training” as required by §40.33(f). The area of Part 40 in which the collector needs to be retrained is §40.65(a).
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Question ID:
 /624
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MORE INFORMATION:

Upon downloading test results from certain Black Dot AlcoSensor IVs (AlcoSensor IV w/ memory units, also known as AS4Ms), the dates stored in the AlcoSensor IV Total Recall test result database may appear incorrect, even though the date and time on the printed test result at the time of the test is correct.

This article applies to the following Black Dot AlcoSensor IV firmware versions:

42.93,42.96. 42.98, 42.99, 43.99, 46.96, 46.97, 57.01, 57.02, 57.03, 57.04, 57.05, 57.06, 57.07, 57.08, 57.09, 57.10, 58.03, 58.04, 58.05, 58.06, 58.07, 58.08, 58.09, 58.10,58.11, 59.03, 59.05, 59.06, 59.08, 59.10, 60.04, 60.05, 60.06, 60.07, 60.08, 60.09, 60.10, 62.03, 66.05, 66.06, 66.07, 66.08, 66.11, 67.06, 68.03, 69.07, 69.08, 69.09, 69.10, 69.11, 70.08, 71.00, 71.01, 72.09,73.09, 74.09, 74.10, 75.10, 75.11, 75.12, 77.10, 77.11, 78.10, 79.10, 81.10, 81.11, 81.12, 82.10, 82.11, 82.12, 83.10, 83.11, 84.10, 85.10

——————–>

SOLUTION:

A modification to the routine of setting the date/time will ensure the proper storage of the date and time.  Essentially the solution requires that any time the MONTH, DAY, YEAR, HOUR or MINUTE are adjusted, the YEAR itself must also be adjusted, even if the display shows that it is set on the proper year. 

For example, if Daylight Savings Time occurs and only the hour needs to be adjusted, when you scroll through the Month and Day (by pressing Switch 3 in the Battery Compartment) you then get to the Year which, as with Month and Day, appears to be set properly.  However, YOU MUST cycle the year either up or down (using the Switch 1 and Switch 2 inside the battery compartment). Next, adjust the YEAR back to the current year before you press Switch 3 to accept that entry.  Adjust the Hour and Minute appropriately.
 
If this procedure is followed, both displayed and stored memory will be set properly.  However, it should be noted that you should use this process any time you change any of the Date or Time parameters (MONTH, DAY, YEAR, HOUR or MINUTE) unless you have your software updated.

As a further precaution, you may wish to download and erase previously stored tests, prior to time/date changes.

UPGRADE:

All future software versions in this family will have software that is modified so that it will not require an adjustment of the Year on each Time or Date set. 

_______________________________

KEY WORDS:  Black Dot AS4 AS4M Date Time Incorrect Total Recall

Question ID:
 /259
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Section:
 /Q&A 61
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 /40
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§40.25

  • Yes. Employers who are required by and who comply with the FMCSA`s three-year requirement for obtaining and providing employee drug and alcohol testing information are considered to have satisfied the two-year requirement contained in 40.25.
  • Likewise, employers who are required by and who comply with the FAA`s five-year requirement for obtaining and providing employee drug and alcohol testing information are considered to have satisfied the two-year requirement contained in 40.25.
  • These employers do not need to seek separately the 40.25 information if the employer adheres to the FMCSA and FAA regulations, as appropriate, for obtaining an employee`s prior drug and alcohol testing information.
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Question ID:
 /625
Link Title:
 /List of changes
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The Paperwork Reduction Act Burden Statement on the reverse sides of Copy 1 and Copy 2 has been updated to comply with current federal law.

There is a new DOT form number (DOT F 1380).

The instructions on the back of Copy 3 have been expanded to explain that tamper evident tape must not obscure the printed information on the EBT printout when the BAT attaches it to the form.

These changes were initiated in 2008 and finalized in 2010.  To determine if you have the right forms, simply look at the bottom left side and verify that the revision date is 5/2008.

If you have not yet ordered new forms please visit our online store to make a purchase now.

Question ID:
 /260
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Section:
 /Q&A 63
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 /40
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 /NULL
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• In the DOT drug and alcohol testing program, employers and service agents are not required to obtain written employee authorization to disclose drug and alcohol testing information where disclosing the information is required by 49 CFR Part 40 and other DOT Agency & U.S. Coast Guard (USCG) drug and alcohol testing regulations. 49 CFR Part 40 and DOT Agency & USCG regulations provide for confidentiality of individual test-related information in a variety of other circumstances.

• Even if drug and alcohol testing information is viewed as protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules, it is not necessary to obtain employee written authorization where DOT requires the use or disclosure of otherwise protected health information under 49 CFR Part 40 or the other DOT Agency & USCG drug and alcohol testing regulations.

• Unless otherwise stipulated by 49 CFR Part 40 or DOT Agency & USCG regulations, use or disclosure of the DOT drug and alcohol testing information without a consent or authorization from the employee is required by the Omnibus Transportation Employees Testing Act of 1991, 49 CFR Part 40, and DOT Agency & USCG drug and alcohol testing regulations.

• Consequently, an employer or service agent in the DOT program may disclose the information without the written authorization from the employee under many circumstances. For example:

— Employers need no written authorizations from employees to conduct DOT tests.

— Collectors need no written authorizations from employees to perform DOT urine collections, to distribute Federal Drug Testing Custody and Control Forms, or to send specimens to laboratories.

— Screening Test Technicians and Breath Alcohol Technicians need no written authorizations from employees to perform DOT saliva or breath alcohol tests (as appropriate), or to report alcohol test results to employers.

— Laboratories need no written authorizations from employees to perform DOT drug and validity testing, or to report test results to Medical Review Officers (MROs).

— MROs need no written authorizations from employees to verify drug test results, to discuss alternative medical explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals (SAPs) and evaluating physicians, or to report other medical information (see §40.327).

— SAPs need no written authorizations from employees to conduct SAP evaluations, to confer with employers, to confer with MROs, to confer with appropriate education and treatment providers, or to provide SAP reports to employers.

— Consortia/Third Party Administrators need no written authorizations from employees to bill employers for service agent functions that they perform for employers or contract on behalf of employers.

— Evaluating physicians need no written authorizations from employees to report evaluation information and results to MROs or to employers, as appropriate.

— Employers and service agents need no written authorizations from employees to release information to requesting Federal, state, or local safety agencies with regulatory authority over them or employees.

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Question ID:
 /626
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Section:
 /14
SubPart:
 /B
Tag:
 /40.14
Article Type:
 /DRUG

        As an employer, or an employer’s service agent – for example a C/TPA, you must ensure the collector has the following information when conducting a urine specimen collection for you:
        (a) Full name of the employee being tested.
        (b) Employee SSN or ID number.
        (c) Laboratory name and address (can be pre-printed on the CCF).
        (d) Employer name, address, phone number, and fax number (can be pre-printed on the CCF at Step 1-A).
        (e) DER information required at subsection 40.35 of this part.
        (f) MRO name, address, phone number, and fax number (can be pre-printed on the CCF at Step 1-B).
        (g) The DOT Agency which regulates the employee’s safety-sensitive duties (the checkmark can be pre-printed in the appropriate box on the CCF at Step 1-D).
        (h) Test reason, as appropriate: Pre-employment; Random; Reasonable Suspicion/Reasonable Cause; Post-Accident; Return-to-Duty; and Follow-up.
        (i) Whether the test is to be observed or not (see subsection 40.67 of this part).
        (j) (Optional) C/TPA name, address, phone, and fax number (can be pre-printed on the CCF).

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Question ID:
 /261
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Section:
 /Q&A 65
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

• An MRO is authorized to accept an employee’s prescription for medication obtained over the Internet only if there is proof that a legitimate doctor-patient relationship had been established.
• The following four elements generally serve as an indication that a legitimate doctor-patient relationship has been established:
— A patient has a medical complaint;
— A medical history has been taken;
— A physical examination has been performed; and
— Some logical connection exists between the complaint, the medical history, the physical examination, and the drug prescribed.
• Standing alone, the completion of an online questionnaire reviewed later by a pharmacy-employed doctor fails to establish a proper doctor-patient relationship.
• The MRO should, at a minimum, consider the following items when verifying the test result:
— The name, physical location, and state(s) of licensure of the prescribing practitioner;

— Whether the employee was professionally evaluated for the current medical complaint by the prescribing practitioner, and the last time the employee was in direct contact with the prescribing practitioner;

— Whether the employee initiated the request to the pharmacy for a particular medication; and

— Whether a proper doctor-patient relationship existed.

• It is the employee’s responsibility to provide sufficient documentation to address MRO inquiries as to whether there was a legitimate doctor-patient relationship.

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Question ID:
 /627
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BAT or Breath Alcohol Technician is a term that refers specifically to a person trained according to the U. S. Department of Transportation alcohol testing program requirements.

A BAT is knowledgeable about 49 CFR Part 40 alcohol testing procedures and has received qualification training in accordance with the DOT Model BAT course.

Question ID:
 /262
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Section:
 /Q&A 67
SubPart:
 /40
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 /NULL
Article Type:
 /ALCOHOL

Yes. For record storage, tracking, and retrieval purposes, the DOT will permit other information, such as barcodes and tracking numbers, to be affixed or printed on the ATF.

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Question ID:
 /628
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 /Q&A
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 /Jul-12
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When there is a judgment or any other determination of guilt of a criminal offense by  any court of competent jurisdiction against the service agent, whether entered upon a verdict or plea, including a plea of nolo contendere; or any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution, the PIE process works as explained below:

A DOT official can initiate a PIE against the service agent based solely on the conviction.

The conviction means that the standard of proof for issuing the PIE has been met.

Therefore, when the DOT initiating official issues the service agent a Notice of Proposed Exclusion recommending a PIE, the service agent will not be able to contest the facts of the non-compliance or the issuance of the PIE.

The service agent would be afforded only an opportunity to contest the proposed length of time the PIE would be in place.

Category: Ask DOTti
Question ID:
 /636
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Section:
 /203
SubPart:
 /I
Tag:
 /40.210
Article Type:
 /DRUG

No. Drug tests other than on urine specimens are not authorized for testing under this part. Only urine specimens screened and confirmed at HHS certified laboratories (see 40.81) are allowed for drug testing under this part. Point of collection urine testing or instant tests are not authorized.

Question ID:
 /1
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Section:
 /1
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 /A
Tag:
 /40.1
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 /BOTH

(a) This part tells all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use.
(b) This part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents.
(c) Nothing in this part is intended to supersede or conflict with the implementation of the Federal Railroad Administration`s post-accident testing program (see 49 CFR 219.200).

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Question ID:
 /263
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Section:
 /Q&A 68
SubPart:
 /40
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 /NULL
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 /DRUG

• Part 40 requires an MRO to provide an employee the opportunity to present a medical explanation for an invalid test result, to include any related to pH.

— If the employee provides an acceptable medical explanation, the MRO is authorized to cancel the test and take no further action.

— If there is no acceptable medical explanation, the MRO will cancel the test and will notify the employer or Designated Employer Representative (DER) to direct another collection under direct observation.

• The Department is aware of current research and studies offering evidence that, over time, heat may cause the pH to rise, typically into the range of 9.0 through 9.3, but not higher than 9.5. [See, for example, “Urine pH: the Effects of Time and Temperature after Collection,” Journal of Analytical Toxicology, Vol. 31, October 2007.]

• Consequently, when an employee has no other medical explanation for the pH in the 9.0 – 9.5 range, MROs should consider whether there is evidence of elapsed time and increased temperature that could account for the pH value.

• In doing so, MROs are authorized to consider the following:

— The temperature conditions that were likely to have existed between the time of collection and transportation of the specimen to the laboratory; and

— The length of time between the specimen collection and arrival at the laboratory.

• MROs may talk with the collection sites to discuss time and temperature issues, including any pertinent information regarding specimen storage.

• If the MRO determines that time and temperature account for the pH value, the MRO is authorized to cancel the test and take no further action.

• If the MRO determines that time and temperature fail to account for the pH value, the MRO is authorized cancel the test and direct another collection under direct observation.

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Question ID:
 /629
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Section:
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 /R
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When there is a judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction against the service agent, whether entered upon a verdict or plea, including a plea of nolo contendere; or any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution, the PIE process works as explained below:

Question ID:
 /2
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 /3
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 /A
Tag:
 /40.3
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 /BOTH

In this part, the terms listed in this section have the following meanings:

Adulterated specimen.  A urine specimen containing a substance that is not a normal constituent or containing an endogenous substance at a concentration that is not a normal physiological concentration.

Affiliate. Persons are affiliates of one another if, directly or indirectly, one controls or has the power to control the other, or a third party controls or has the power to control both. Indicators of control include, but are not limited to: interlocking management or ownership; shared interest among family members; shared facilities or equipment; or common use of employees. Following the issuance of a public interest exclusion, an organization having the same or similar management, ownership, or principal employees as the service agent concerning whom a public interest exclusion is in effect is regarded as an affiliate. This definition is used in connection with the public interest exclusion procedures of Subpart R of this part.

Air blank. In evidential breath testing devices (EBTs) using gas chromatography technology, a reading of the device’s internal standard. In all other EBTs, a reading of ambient air containing no alcohol.

Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.

Alcohol concentration. The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under this part.

Alcohol confirmation test. A subsequent test using an EBT, following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration.

Alcohol screening device (ASD). A breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and appears on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA.

Alcohol screening test. An analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen.

Alcohol testing site. A place selected by the employer where employees present themselves for the purpose of providing breath or saliva for an alcohol test.

Alcohol use. The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol.

Aliquot.  A fractional part of a specimen used for testing.  It is taken as a sample representing the whole specimen.

Blind specimen or blind performance test specimen. A specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen.

Breath Alcohol Technician (BAT).  A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.

Cancelled test. A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which this part otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.

Chain of custody. The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).

Collection container. A container into which the employee urinates to provide the specimen for a drug test.

Collection site. A place selected by the employer where employees present themselves for the purpose of providing a urine specimen for a drug test.

Collector. A person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the CCF.

Confirmatory drug test.  A second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.  (Gas chromatography/ mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine).

Confirmatory validity test. A second test performed on a different aliquot of the original urine specimen to further support a validity test result.

Confirmed drug test. A confirmation test result received by an MRO from a laboratory.

Consortium/Third-party administrator (C/TPA). A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. C/TPAs are not “employers” for purposes of this part.

Continuing education. Training for substance abuse professionals (SAPs) who have completed qualification training and are performing SAP functions, designed to keep SAPs current on changes and developments in the DOT drug and alcohol testing program.

Designated employer representative (DER). An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. Service agents cannot act as DERs.

Dilute specimen. A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.

DOT, The Department, DOT agency. These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of this part, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes only since the USCG regulation does not incorporate Part 40 for its alcohol testing program. These terms include any designee of a DOT agency.

Drugs. The drugs for which tests are required under this part and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids.

Employee. Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under this part, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.

Employer. A person or entity employing one or more employees (including an individual who is self-employed) subject to DOT agency regulations requiring compliance with this part. The term includes an employer’s officers, representatives, and management personnel. Service agents are not employers for the purposes of this part.

Error Correction Training. Training provided to BATs, collectors, and screening test technicians (STTs) following an error that resulted in the cancellation of a drug or alcohol test. Error correction training must be provided in person or by a means that provides real-time observation and interaction between the instructor and trainee.

Evidential Breath Testing Device (EBT). A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the .02 and .04 alcohol concentrations, and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.

HHS. The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

Initial drug test (also known as a Screening drug test). An immunoassay test to eliminate “negative” urine specimens from further consideration and to identify the presumptively positive specimens that require confirmation or further testing.

Initial validity test. The first test used to determine if a urine specimen is adulterated, diluted, or substituted.

Invalid result.  The result reported by a laboratory for a urine specimen that contains an unidentified adulterant, contains an unidentified interfering substance, has an abnormal physical characteristic, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing testing or obtaining a valid drug test result.

Laboratory. Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part. (The HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs are available on the internet at http://www.health.org/workpl.htm or from the Division of Workplace Programs, 1 Choke Cherry Road, Room 2-1035, Rockville, MD 20857)

Limit of Detection (LOD).  The lowest concentration at which an analyte can be reliably shown to be present under defined conditions.

Medical Review Officer (MRO). A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.

Non-negative specimen.  A urine specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), and/or invalid.

Office of Drug and Alcohol Policy and Compliance (ODAPC). The office in the Office of the Secretary, DOT, that is responsible for coordinating drug and alcohol testing program matters within the Department and providing information concerning the implementation of this part.

Oxidizing adulterant.  A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or drug metabolites, or affects the reagents in either the initial or confirmatory drug test.

Primary specimen. In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. The primary specimen is distinguished from the split specimen, defined in this section.

Qualification Training. The training required in order for a collector, BAT, MRO, SAP, or STT to be qualified to perform their functions in the DOT drug and alcohol testing program. Qualification training may be provided by any appropriate means (e.g., classroom instruction, internet application, CD–ROM, video).

Refresher Training. The training required periodically for qualified collectors, BATs, and STTs to review basic requirements and provide instruction concerning changes in technology (e.g., new testing methods that may be authorized) and amendments, interpretations, guidance, and issues concerning this part and DOT agency drug and alcohol testing regulations. Refresher training can be provided by any appropriate means (e.g., classroom instruction, internet application, CD–ROM, video).

Screening Drug Test.  See Initial drug test definition above.

Screening Test Technician (STT). A person who instructs and assists employees in the alcohol testing process and operates an ASD.

Secretary. The Secretary of Transportation or the Secretary’s designee.

Service agent. Any person or entity, other than an employee of the employer, who provides services to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service agents, persons and organizations must meet DOT qualifications, if applicable. Service agents are not employers for purposes of this part.

Shipping container. A container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory.

Specimen bottle. The bottle that, after being sealed and labeled according to the procedures in this part, is used to hold the urine specimen during transportation to the laboratory.

Split specimen. In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.

Stand-down. The practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test result.

Substance Abuse Professional (SAP). A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Substituted specimen. A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.

Verified test. A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the MRO.

Categories: Ask DOTti, General
Question ID:
 /264
Link Title:
 /
Link:
 
Section:
 /Q&A 70
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

• Not affording the employee a full three hours to provide a specimen is not automatically a basis for the MRO to cancel a test.

• The three hour time period is a maximum rather a minimum. But, to avoid potential issues about the fairness of the collection, collectors are advised to provide the full three hours.

• In each of the following examples, the collector could stop the collection process, thoroughly document the details and times on Copy 2 of the CCF, and inform the DER of the employee’s inability to provide a sufficient amount of urine:

— After 2 hours and 50 minutes, the employee informs the collector there is no reason to try again because he or she will not be able to provide a specimen. The collector terminates the collection.

— After 2 hours and 50 minutes, the employee requests to try again but provides another insufficient amount of urine. The collector terminates the collection because there is no practical possibility that the employee will provide the requisite amount in the next 10 minutes.

• In each of these two examples, the employee has had a fair opportunity to provide 45 mL of urine, and the test should not be cancelled because the full three-hour period was not used.

• The medical evaluation should be conducted to determine if there is a legitimate physiological condition or psychological disorder explanation for the employee’s inability to provide the requisite amount of urine.

• In situations where it appears the employee was not provided a fair opportunity to provide the requisite amount of urine, the MRO could cancel the test.

— For example, the collector terminates a collection after two hours because the collection site is closing and all collectors are leaving.

• Please note that it remains a refusal to test if the employee leaves the collection site without permission.

Categories: Ask DOTti, General
Question ID:
 /630
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

Mail, fax, or email to:
U.S. Department of Transportation
Office of Drug and Alcohol Policy and Compliance
W62-300
1200 New Jersey Avenue, S.E. Washington, DC 20590
Fax: (202) 366-3897
 
The following items are required on each report:
 
Reporting Period: (inclusive dates)
Laboratory Identification: (name and address)
 
1. DOT Specimen Results Reported (total number)
 
2. Negative Results Reported (total number)
Negative (number)
Negative-Dilute (number)
 
3. Rejected for Testing Results Reported (total number) By Reason
(a) Fatal flaw (number)
(b) Uncorrected Flaw (number)
 
4. Positive Results Reported (total number) By Drug
(a) Marijuana Metabolite (number)
(b) Cocaine Metabolite (number)
(c) Opiates (number)
(1) Codeine (number)
(2) Morphine (number)
(3) 6–AM (number)
(d) Phencyclidine (number)
(e) Amphetamines (number)
(1) Amphetamine (number)
(2) Methamphetamine (number)
(3) MDMA (number)
(4) MDA (number)
(5) MDEA (number)
 
5. Adulterated Results Reported (total number) By Reason (number)
 
6. Substituted Results Reported (total number)
 
7. Invalid Results Reported (total number) By Reason (number)
 
[73 FR 35975, June 25, 2008, as amended 75 FR 49864, August 16, 2010]
 
Updated: Thursday, October 25, 2012
Question ID:
 /3
Link Title:
 /
Link:
 
Section:
 /5
SubPart:
 /A
Tag:
 /40.5
Article Type:
 /BOTH

ODAPC and the DOT Office of General Counsel (OGC) provide written interpretations of the provisions of this part. These written DOT interpretations are the only official and authoritative interpretations concerning the provisions of this part. DOT agencies may incorporate ODAPC/OGC interpretations in written guidance they issue concerning drug and alcohol testing matters. Only Part 40 interpretations issued after August 1, 2001, are considered valid.

Categories: Ask DOTti, General
Question ID:
 /265
Link Title:
 /
Link:
 
Section:
 /Q&A 62
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

§40.187

  • The Department views this situation as closely paralleling the MRO reporting requirement, at 40.187(d), when the split specimen is not available for testing after the request to test the split is made by the employee. Therefore, the MRO needs to follow similar steps.

    * The MRO must report to the employer that the specimen, “Failed to
    Reconfirm: Split laboratory not Available for Testing.”

    * The MRO must also report to the DER and the employee that the test
    result must be cancelled and the reason for the cancellation.

    * The MRO must direct the DER to ensure the immediate collection of
    another specimen from the employee under direct observation, with
    no notice give to the employee of this collection requirement
    until immediately before the collection.

    * Finally, the MRO must notify ODAPC of the failure to reconfirm.

  • The result of the collection under direct observation will be the result of record for this testing event.
Categories: Ask DOTti, General
Question ID:
 /631
Link Title:
 /
Link:
 
Section:
 /C
SubPart:
 /40
Tag:
 /
Article Type:
 /DRUG

Mail, fax, or email to:

U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62-300, 1200 New Jersey Avenue SE., Washington, DC 20590, Fax: (202) 366-3897, Email: ODAPCWebMail@dot.gov.

The following items are required on each report:

Reporting Period: (inclusive dates)

Laboratory Identification: (name and address)

  1. DOT Specimen Results Reported (total number)
  2. Negative Results Reported (total number) Negative (number)

Negative-Dilute (number)

  1. Rejected for Testing Results Reported (total number) By Reason

(a) Fatal flaw (number)

(b) Uncorrected Flaw (number)

  1. Positive Results Reported (total number) By Drug

(a) Marijuana Metabolite (number)

(b) Cocaine Metabolite (number)

(c) Opioids (number)

(1) Codeine (number)

(2) Morphine (number)

(3) 6-AM (number)

(4) Hydrocodone (number)

(5) Hydromorphone (number)

(6) Oxycodone (number)

(7) Oxymorphone (number)

(d) Phencyclidine (number)

(e) Amphetamines (number)

(1) Amphetamine (number)

(2) Methamphetamine (number)

(3) MDMA (number)

(4) MDA (number)

  1. Adulterated Results Reported (total number) By Reason (number)
  2. Substituted Results Reported (total number)
  3. Invalid Results Reported (total number) By Reason (number)
Categories: Ask DOTti, General
Question ID:
 /4
Link Title:
 /
Link:
 
Section:
 /7
SubPart:
 /A
Tag:
 /40.7
Article Type:
 /BOTH

(a) If you want an exemption from any provision of this part, you must request it in writing from the Office of the Secretary of Transportation, under the provisions and standards of 49 CFR Part 5. You must send requests for an exemption to the following address:

Department of Transportation
Deputy Assistant General Counsel
for Regulation and Enforcement
400 7th Street, SW., Room 10424
Washington, DC20590

(b) Under the standards of 49 CFR Part 5, we will grant the request only if the request documents special or exceptional circumstances, not likely to be generally applicable and not contemplated in connection with the rulemaking that established this part, that make your compliance with a specific provision of this part impracticable.
(c) If we grant you an exemption, you must agree to take steps we specify to comply with the intent of the provision from which an exemption is granted.
(d) We will issue written responses to all exemption requests.

Categories: Ask DOTti, General
Question ID:
 /266
Link Title:
 /
Link:
 
Section:
 /Q&A 64
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

• The Department believes an employee’s failing to provide a sufficient amount of urine during a directly observed collection is very similar to a laboratory’s reporting a positive, adulterated, or substituted test result to MRO.

• While we do not believe it is appropriate for an employer to remove the employee from safety-sensitive duties until receiving the MRO’s verified result, we think stand-down waiver provisions could be relevant.

• Therefore, employers can apply for a stand-down waiver that would permit the employee to be removed from safety-sensitive duties when he or she does not provide an adequate amount of urine during an observed collection.

• The waiver request would need to meet all criteria outlined at 40.21 and should reference the fact that it is for standing an employee down who fails to provide an adequate amount of urine during an observed collection.

• The 40.21 waiver request for laboratory positive, adulterated, and substituted results will continue to be evaluated separately.

Categories: Ask DOTti, General
Question ID:
 /632
Link Title:
 /Contact Intoximeters Technical Service
Link:
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

The Alco-Sensor VXL instrument has the capacity to store a large number of tests in its memory. If a fresh set of batteries are installed in the instrument after the instrument has had no power for a short period of time, the Alco-Sensor VXL will re-initialize the memory database as a self-diagnostic process. During this process the instrument emits a constant beep to indicate that it is performing this task.

The length of time to complete the process, and for the constant beep to stop, is dependent on the overall amount of data stored in the instrument. In software versions with a large amount of data stored this could take up to 5 minutes.

Should the noise persist for more than 5 minutes, please contact Intoximeters Technical Services Department, or your local distributor, for additional support.

Question ID:
 /5
Link Title:
 /
Link:
 
Section:
 /11
SubPart:
 /B
Tag:
 /40.11
Article Type:
 /BOTH

(a) As an employer, you are responsible for meeting all applicable requirements and procedures of this part.
(b) You are responsible for all actions of your officials, representatives, and agents (including service agents) in carrying out the requirements of the DOT agency regulations.
(c) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug and alcohol testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements.

Categories: Ask DOTti, General
Question ID:
 /267
Link Title:
 /
Link:
 
Section:
 /Q&A 66
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

• Part 40 highlights two examples of failure to cooperate – the employee refuses to empty pockets when instructed to do so; and the employee behaves in a confrontational way that disrupts the testing process.
• Among others are:

— The employee fails to wash his or her hands after being directed to do so by the collector.

— The employee admits to the collector that he or she adulterated or substituted the specimen; and
— The employee is found to have a device – such as a prosthetic appliance – the purpose of which is to interfere with providing an actual urine specimen.
• When the issue is a problem with refusing to following instructions – for example, refusing to empty pockets or refusing to wash hands – or if there is a confrontation, the collector should warn the employee of potential consequences of a failure to cooperate; and if practical, seek assistance from the DER or supervisor to ensure that the employee understands the ramifications.

• When the issue is admission of adulteration or substitution or when a device is found, there is no need for the collector to warn the employee or to seek assistance from the DER or supervisor.

• In every case, the collector must carefully follow the procedures at 40.191(d) by terminating the collection process, immediately notifying the DER of the refusal, and thoroughly documenting the circumstances surrounding the event in the remarks section of the CCF.

• Any specimen that had been collected before the refusal should be discarded.

Categories: Ask DOTti, General
Question ID:
 /633
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

The Alco-Sensor VXL instrument is an advanced, evidential quality breath alcohol instrument that features advanced sampling analytics to make sure that the sample provided by the subject meets the minimum sample requirements for your program. When the submitted sample does not meet these minimum sample requirements the instrument will display, print, and store “Insufficient Sample” as the test result.

Common reasons for obtaining an “Insufficient Sample” result include:
  • Breath sample flow below or above threshold values;
  • Attempt to “suck back” while providing a sample;
  • Providing a sample that is less in volume than the minimum volume required;
  • Not completing a sample or not supplying a sample within the allowed time for a sample to be provided;
  • Abruptly stopping the breath sample.
Most Alco-Sensor VXL software versions are configured to allow a subject 3 attempts to provide a successful sample before a result of “Insufficient Sample” is recorded. Consult with your breath testing program administrator for the minimum sampling requirements for your program.
In general, an “Insufficient Sample” result on the Alco-Sensor VXL instrument is an indication that the subject has not provided a proper sample per the requirements of your breath testing program, and not that there is an issue with your instrument.

Question ID:
 /6
Link Title:
 /
Link:
 
Section:
 /13
SubPart:
 /B
Tag:
 /40.13
Article Type:
 /BOTH

(a) DOT tests must be completely separate from non-DOT tests in all respects.
(b) DOT tests must take priority and must be conducted and completed before a non-DOT test is begun. For example, you must discard any excess urine left over from a DOT test and collect a separate void for the subsequent non-DOT test.
(c) Except as provided in paragraph (d) of this section, you must not perform any tests on DOT urine or breath specimens other than those specifically authorized by this part or DOT agency regulations.For example, you may not test a DOT urine specimen for additional drugs, and a laboratory is prohibited from making a DOT urine specimen available for a DNA test or other types of specimen identity testing.
(d) The single exception to paragraph (c) of this section is when a DOT drug test collection is conducted as part of a physical examination required by DOT agency regulations. It is permissible to conduct required medical tests related to this physical examination (e.g., for glucose) on any urine remaining in the collection container after the drug test urine specimens have been sealed into the specimen bottles.
(e) No one is permitted to change or disregard the results of DOT tests based on the results of non-DOT tests. For example, as an employer you must not disregard a verified positive DOT drug test result because the employee presents a negative test result from a blood or urine specimen collected by the employee`s physician or a DNA test result purporting to question the identity of the DOT specimen.
(f) As an employer, you must not use the CCF or the ATF in your non-DOT drug and alcohol testing programs. This prohibition includes the use of the DOT forms with references to DOT programs and agencies crossed out. You also must always use the CCF and ATF for all your DOT-mandated drug and alcohol tests.

Categories: Ask DOTti, General
Question ID:
 /268
Link Title:
 /
Link:
 
Section:
 /Q&A 69
SubPart:
 /40
Tag:
 /NULL
Article Type:
 /DRUG

• No. The Department sees no situations for which an employee should be given more than 3 hours and offered more than 40 ounces of fluids to provide a sufficient amount of urine after the “first unsuccessful attempt” to do so [see §40.193(b)(4)].

• The Department regards the “first unsuccessful attempt” to be very first time the employee comes out of the urination area with less than 45 mL of urine.

• This is true about the “first unsuccessful attempt” even if a subsequent attempt during the three-hour period requires an immediate collection under direct observation because the specimen is outside the appropriate temperature range or shows signs of tampering [see §40.65(b)&(c)].

• For example: An employee presents an insufficient amount of urine at noon and is urged by the collector to drink up to 40 ounces of fluid distributed through a period of up to 3 hours (3 o’clock, in this example).

— At 2 o’clock, the employee indicates that he or she can now provide the specimen, enters the collection area, but returns with a specimen outside the acceptable temperature range.

— The collector immediately conducts an observed collection, but the employee – for the second time during this collection event, which began at noon – provides less than 45 mL of urine.

— The employee has up to 3 o’clock and any remaining fluids to provide an adequate amount of urine under direct observation: The employee is not given an additional three hours and is not offered an additional 40 ounces of fluids.

— If the employee ultimately fails to provide a sufficient amount of urine during the remaining time, the collector discontinues the collection, discards any specimen the employee previously provided, appropriately documents the CCF, and immediately notifies the DER and the MRO – following the requirements at §40.193(b)(4) and (b)(5).

Categories: Ask DOTti, General
Question ID:
 /7
Link Title:
 /
Link:
 
Section:
 /15
SubPart:
 /B
Tag:
 /40.15
Article Type:
 /BOTH

(a) As an employer, you may use a service agent to perform the tasks needed to comply with this part and DOT agency drug and alcohol testing regulations, consistent with the requirements of Subpart Q and other applicable provisions of this part.
(b) As an employer, you are responsible for ensuring that the service agents you use meet the qualifications set forth in this part (e.g., §40.121 for MROs). You may require service agents to show you documentation that they meet the requirements of this part (e.g., documentation of MRO qualifications required by §40.121(e)).
(c) You remain responsible for compliance with all applicable requirements of this part and other DOT drug and alcohol testing regulations, even when you use a service agent. If you violate this part or other DOT drug and alcohol testing regulations because a service agent has not provided services as our rules require, a DOT agency can subject you to sanctions. Your good faith use of a service agent is not a defense in an enforcement action initiated by a DOT agency in which your alleged noncompliance with this part or a DOT agency drug and alcohol regulation may have resulted from the service agent`s conduct.
(d) As an employer, you must not permit a service agent to act as your DER.

Categories: Ask DOTti, General
Question ID:
 /380
Link Title:
 /DUI/DWI Laws
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

In the USA there is a national standard of .080 BAC.

Question ID:
 /8
Link Title:
 /
Link:
 
Section:
 /17
SubPart:
 /B
Tag:
 /40.17
Article Type:
 /BOTH

Yes, as an employer, you are responsible for obtaining information required by this part from your service agents. This is true whether or not you choose to use a C/TPA as an intermediary in transmitting information to you. For example, suppose an applicant for a safety-sensitive job takes a pre-employment drug test, but there is a significant delay in your receipt of the test result from an MRO or C/TPA. You must not assume that “no news is good news” and permit the applicant to perform safety-sensitive duties before receiving the result. This is a violation of the Department`s regulations.

Categories: Ask DOTti, General
Question ID:
 /381
Link Title:
 /Alcohol and the Human Body
Link:
Section:
 /Pharmacology
SubPart:
 /Absorption
Tag:
 /
Article Type:
 /

This can occur quite rapidly, but there are factors such as if there is food in the stomach, or certain medical conditions that can affect the absorption rate.

Categories: General, Pharmacology
Question ID:
 /638
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /
  • A collector may give an employee permission to leave the collection site only after the testing process is complete.
    • For tests conducted under §40.73, the testing process is complete when both the employee and the collector complete the chain of custody form in the order specified in §40.73(a)(1)-(6).  At that time, the collector must advise the employee that he or she may leave the collection site.
    • For tests conducted under §40.193, the testing process is complete only after the employee has provided a sufficient specimen and the steps in §40.73(a)(1)-(6) are complete, or the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide a specimen.
  • There is no requirement for a collector to inform an employee that the failure to remain at the collection site is a refusal.  Therefore, if the collector does not inform an employee that failure to remain at the collection site is a refusal, it does not mean that the collector has given the employee permission to leave the collection site.  If an employee leaves prior to the completion of the testing process, the employer must decide whether the employee’s actions constitute a refusal.
Category: Ask DOTti
Question ID:
 /10
Link Title:
 /
Link:
 
Section:
 /21
SubPart:
 /B
Tag:
 /40.21
Article Type:
 /DRUG

                (a)As an employer, you are prohibited from standing employees down, except consistent with a waiver a DOT agency grants under this section.

(b)You may make a request to the concerned DOT agency for a waiver from the prohibition of paragraph (a) of this section. Such a waiver, if granted,permits you to stand an employee down following the MRO’s receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite,an adulterated test, or a substituted test pertaining to the employee.

(1)For this purpose, the concerned DOT agency is the one whose drug and alcohol testing rules apply to the majority of the covered employees in your organization. The concerned DOT agency uses its applicable procedures for considering requests for waivers.

(2)Before taking action on a waiver request, the concerned DOT agency coordinates with other DOT agencies that regulate the employer’s other covered employees.

(3)The concerned DOT agency provides a written response to each employer that petitions for a waiver, setting forth the reasons for the agency’s decision on the waiver request.

(c)Your request for a waiver must include, as a minimum, the following elements:

(1)Information about your organization:

(i)Your determination that standing employees down is necessary for safety in your organization and a statement of your basis for it, including any data on safety problems or incidents that could have been prevented if a stand-down procedure had been in place;

(ii)Data showing the number of confirmed laboratory positive, adulterated, and substituted test results for your employees over the two calendar years preceding your waiver request, and the number and percentage of those test results that were verified positive, adulterated, or substituted by the MRO;

(iii)Information about the work situation of the employees subject to stand-down,including a description of the size and organization of the unit(s) in which the employees work, the process through which employees will be informed of the stand-down, whether there is an in-house MRO, and whether your organization has a medical disqualification or stand-down policy for employees in situations other than drug and alcohol testing; and

(iv)A statement of which DOT agencies regulate your employees.

(2)Your proposed written company policy concerning stand-down, which must include the following elements:

(i)Your assurance that you will distribute copies of your written policy to all employees that it covers;

(ii)Your means of ensuring that no information about the confirmed positive,adulterated, or substituted test result or the reason for the employee’s temporary removal from performance of safety-sensitive functions becomes available, directly or indirectly, to anyone in your organization (or subsequently to another employer) other than the employee, the MRO and the DER;

(iii)Your means of ensuring that all covered employees in a particular job category in your organization are treated the same way with respect to stand-down;

(iv)Your means of ensuring that a covered employee will be subject to stand-down only with respect to the actual performance of safety-sensitive duties;

(v)Your means of ensuring that you will not take any action adversely affecting the employee’s pay and benefits pending the completion of the MRO’s verification process. This includes continuing to pay the employee during the period of the stand-down in the same way you would have paid him or her had he or she not been stood down;

(vi)Your means of ensuring that the verification process will commence no later than the time an employee is temporarily removed from the performance of safety-sensitive functions and that the period of stand-down for any employee will not exceed five days, unless you are informed in writing by the MRO that a longer period is needed to complete the verification process; and

(vii)Your means of ensuring that, in the event that the MRO verifies the test negative or cancels it—

(A)You return the employee immediately to the performance of safety-sensitive duties;

(B)The employee suffers no adverse personnel or financial consequences as a result; and

(C)You maintain no individually identifiable record that the employee had a confirmed laboratory positive, adulterated, or substituted test result (i.e.,you maintain a record of the test only as a negative or cancelled test).

(d)The Administrator of the concerned DOT agency, or his or her designee, may grant a waiver request only if he or she determines that, in the context of your organization, there is a high probability that the procedures you propose will effectively enhance safety and protect the interests of employees in fairness and confidentiality.

(1)The Administrator, or his or her designee, may impose any conditions he or she deems appropriate on the grant of a waiver.

(2)The Administrator, or his or her designee, may immediately suspend or revoke the waiver if he or she determines that you have failed to protect effectively the interests of employees in fairness and confidentiality, that you have failed to comply with the requirements of this section, or that you have failed to comply with any other conditions the DOT agency has attached to the waiver.

(e) You must not stand employees down in the absence of a waiver, or inconsistent with the terms of your waiver. If you do, you are in violation of this part and DOT agency drug testing regulations, and you are subject to enforcement action by the DOT agency just as you are for other violations of this part and DOT agency rules.

Categories: Ask DOTti, General
Question ID:
 /382
Link Title:
 /Forms and Catalogs
Link:
Section:
 /Company Information
SubPart:
 /Forms
Tag:
 /
Article Type:
 /

Yes, there are several online forms available to inquire on information regarding Intoximeters various products and services. While some forms are available for online use only, others may be downloaded to your computer for later use. Just follow the Forms and Catalogs link below for a full summary of all of our available forms.

If you are interested in learning more about Intoximeters range of breath alcohol instruments, our easy to use Product Information Request link will allow you to quickly and easily request the information you are seeking.

Should you have questions or need additional information on Intoximeters products, supplies, training, or service, please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Categories: Forms, General
Question ID:
 /643
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /
  • As noted in § 40.191(a)(2), failure to remain at the collection site until the testing process is complete generally constitutes a refusal to test.
  • If an employee leaves the collection facility prior to the testing process being completed, the collector must inform the employer as required under § 40.191(d). The employer, as required under § 40.355(i), must then determine whether the employee’s actions constitute a refusal to test. To make this determination, the employer should consider the information documented on the CCF and the advice and information received from the collector and service agents, as well as any supporting information provided by the employee (i.e., in the event of a medical emergency, copies of hospital admission records/EMS records/police records, etc).
  • The employer must document its decision, and the solid reasoning for the decision, in all collection site refusal determinations. Copies of these decisions, and the information relied on in making those decisions, must be maintained in accordance with § 40.333 and the applicable modal recordkeeping requirements. If during the course of an inspection, the DOT determines that you have not properly documented these determinations, you may be subject to penalty in accordance with these regulations.
Category: Ask DOTti
Question ID:
 /11
Link Title:
 /
Link:
 
Section:
 /23
SubPart:
 /B
Tag:
 /40.23
Article Type:
 /DRUG

(a) As an employer who receives a verified positive drug test result, you must immediately remove the employee involved from performing safety-sensitive functions. You must take this action upon receiving the initial report of the verified positive test result. Do not wait to receive the written report or the result of a split specimen test.
(b) As an employer who receives a verified adulterated or substituted drug test result, you must consider this a refusal to test and immediately remove the employee involved from performing safety-sensitive functions.You must take this action on receiving the initial report of the verified adulterated or substituted test result.Do not wait to receive the written report or the result of a split specimen test.
(c) As an employer who receives an alcohol test result of 0.04 or higher, you must immediately remove the employee involved from performing safety-sensitive functions. If you receive an alcohol test result of 0.02 – 0.039, you must temporarily remove the employee involved from performing safety-sensitive functions, as provided in applicable DOT agency regulations. Do not wait to receive the written report of the result of the test.
(d) As an employer, when an employee has a verified positive, adulterated, or substituted test result, or has otherwise violated a DOT agency drug and alcohol regulation, you must not return the employee to the performance of safety-sensitive functions until or unless the employee successfully completes the return-to-duty process of Subpart O of this part.
(e) As an employer who receives a drug test result indicating that the employee`s specimen was dilute, take action as provided in §40.197.
(f) As an employer who receives a drug test result indicating that the employee`s urine specimen test was cancelled because it was invalid and that a second collection must take place under direct observation –
(1) You must immediately direct the employee to provide a new specimen under direct observation.
(2) You must not attach consequences to the finding that the test was invalid other than collecting a new specimen under direct observation.
(3) You must not give any advance notice of this test requirement to the employee.
(4) You must instruct the collector to note on the CCF the same reason (e.g. random test, post-accident test) as for the original collection.
(5) You must ensure that the collector conducts the collection under direct observation.
(g) As an employer who receives a cancelled test result when a negative result is required (e.g., pre-employment, return-to-duty, or follow-up test), you must direct the employee to provide another specimen immediately.
(h) As an employer, you may also be required to take additional actions required by DOT agency regulations (e.g., FAA rules require some positive drug tests to be reported to the Federal Air Surgeon).
(i)As an employer, you must not alter a drug or alcohol test result transmitted to you by an MRO, BAT, or C/TPA.

Categories: Ask DOTti, General
Question ID:
 /383
Link Title:
 /Office of Drug & Alcohol Policy & Compliance
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

The US DOT’s Office of Drug & Alcohol Policy & Compliance website is an excellent place to start.

Categories: DOT, General
Question ID:
 /641
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /3
Article Type:
 /

40.3

  • Although included in the definition of a DOT Agency [see 40.3], the USCG is a DOT Agency with respect to Part 40 only when the USCG regulation [e.g., 46 CFR Part 16 or 46 CFR Part 4] incorporates Part 40 to carry out its chemical testing regulation. For example:
    • With respect to drug testing, the USCG regulation at 49 CFR 16.113(a) states, “Drug testing programs required by this part must be conducted in accordance with 49 CFR Part 40, Procedures for Transportation Workplace Testing Programs.”
    • With respect to alcohol testing and submitting alcohol testing annual data to the USCG, the USCG regulation at 46 CFR 16.500(a)(2) states, “The provisions in 49 CFR Part 40 for alcohol testing do not apply to the Coast Guard or to marine employers, and alcohol testing data is not required or permitted to be submitted by this section.”
  • Because the USCG regulation, 46 CFR Part 16, incorporates Part 40 for drug testing, the USCG is a DOT agency for the drug testing component of Part 40, including subparts J–N.
Category: Ask DOTti
Question ID:
 /12
Link Title:
 /
Link:
 
Section:
 /25
SubPart:
 /B
Tag:
 /40.25
Article Type:
 /BOTH

                (a) Yes, as an employer, you must, after obtaining an employee’s written consent, request the information about the employee listed in paragraph (b) of this section. This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time(i.e., a new hire, an employee transfers into a safety-sensitive position). If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions.

(b)You must request the information listed in this paragraph (b) fromDOT-regulated employers who have employed the employee during any period during the two years before the date of the employee’s application or transfer:

(1)Alcohol tests with a result of 0.04 or higher alcohol concentration;

(2)Verified positive drug tests;

(3)Refusals to be tested (including verified adulterated or substituted drug test results);

(4)Other violations of DOT agency drug and alcohol testing regulations; and

(5)With respect to any employee who violated a DOT drug and alcohol regulation,documentation of the employee’s successful completion of DOT return-to-duty requirements (including follow-up tests). If the previous employer does not have information about the return-do-duty process (e.g., an employer who did not hire an employee who tested positive on a pre-employment test), you must seek to obtain this information from the employee.

(c)The information obtained from a previous employer includes any drug or alcohol test information obtained from previous employers under this section or other applicable DOT agency regulations.

(d)If feasible, you must obtain and review this information before the employee first performs safety-sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions,unless you have obtained or made and documented a good faith effort to obtain this information.

(e)If you obtain information that the employee has violated a DOT agency drug and alcohol regulation, you must not use the employee to perform safety-sensitive functions unless you also obtain information that the employee has subsequently complied with the return-to-duty requirements of Subpart O of this part and DOT agency drug and alcohol regulations.

(f)You must provide to each of the employers from whom you request information under paragraph (b) of this section written consent for the release of the information cited in paragraph (a) of this section.

(g)The release of information under this section must be in any written form(e.g., fax, e-mail, letter) that ensures confidentiality. As the previous employer, you must maintain a written record of the information released,including the date, the party to whom it was released, and a summary of the information provided.

(h)If you are an employer from whom information is requested under paragraph (b)of this section, you must, after reviewing the employee’s specific, written consent, immediately release the requested information to the employer making the inquiry.

(i) As the employer requesting the information required under this section, you must maintain a written, confidential record of the information you obtain or of the good faith efforts you made to obtain the information. You must retain this information for three years from the date of the employee’s first performance of safety-sensitive duties for you.

(j)As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain,safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs(b)(5) and (e) of this section).

Categories: Ask DOTti, General
Question ID:
 /384
Link Title:
 /Fuel Cell Information
Link:
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Electrochemical Sensors, also known as fuel cells, have many advantages that make them attractive for use as the primary sensor in evidential breath testing devices. The fuel cell’s inherent specificity for alcohol makes it a superior means of measuring alcohol in a breath sample. No substance remaining in a subject’s breath after a short deprivation period will create a reaction in the cell – except alcohol. Fuel cells have become recognized in the scientific and forensic community as accurate and reliable.

The fuel cell is linear in its response to alcohol, making it easy to calibrate. Fuel cells are small which can help reduce the size and cost of components needed to house the cell. In addition, fuel cells are robust and require only minimal power to operate.
Modern fuel cells using Intoximeters’ patented algorithms provide excellent repeatability and hold calibration over long periods of time. All of these features, combined with the relatively low cost of fuel cell instruments, are attractive to our users.

Categories: Fuel Cells, General
Question ID:
 /642
Link Title:
 /
Link:
 
Section:
 /
SubPart:
 /
Tag:
 /135; 327
Article Type:
 /

§ § 40.135; 40.327

Yes, there could be instances where the MRO would not have to wait the 5 business days to report the information, for example:

The prescribing physician speaks with the MRO before 5 business days have elapsed and the significant safety risk remains unresolved.

The employee expressly declines to have his/her prescribing physician speak with the MRO.

If, during the verification interview, the MRO learns of a medical condition or diagnosis that is likely to result in the employee’s being medically unqualified under a DOT agency regulation (e.g, FAA, FMCSA, USCG), the MRO must report that information under the procedures in § 40.327. The 5-day pause provision in § 40.135(e) is inapplicable.

Question ID:
 /13
Link Title:
 /
Link:
 
Section:
 /27
SubPart:
 /B
Tag:
 /40.27
Article Type:
 /BOTH

No. As an employer, you must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO and SAP services).

Categories: Ask DOTti, General
Question ID:
 /385
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Many hand sanitizers have alcohol as a primary ingredient. Some are as much as 60% alcohol. The alcohol from the sanitizer will rapidly evaporate after application. To avoid the possibility that alcohol from the use of this product could affect a subject test result, it is best to abstain from testing until after the alcohol has evaporated. We would suggest that waiting 5 to 10 minutes after the sanitizer has dried on the Operator`s hand will eliminate the possibility that residual alcohol from the sanitizer could affect a test result.

Question ID:
 /14
Link Title:
 /
Link:
 
Section:
 /29
SubPart:
 /B
Tag:
 /40.29
Article Type:
 /BOTH

You can find other information on the responsibilities of employers in the following sections of this part:
§40.3 – definition.
§40.35 – information about DERs that employers must provide collectors.
§40.45 – modifying CCFs, use of foreign-language CCFs.
§40.47 – use of non-Federal forms for DOT tests or Federal CCFs for non-DOT tests.
§40.67 – requirements for direct observation.
§40. 173 – responsibility to ensure test of split specimen.
§40.193 – action in “shy bladder” situations.
§40.197 – actions following report of a dilute specimen.
§40.207 – actions following a report of a cancelled drug test.
§40.209 – actions following and consequences of non-fatal flaws in drug tests.
§40.215 – information about DERs that employers must provide BATs and STTs.
§40.225 – modifying ATFs; use of foreign-language ATFs.
§40.227 – use of non-DOT forms for DOT tests or DOT ATFs for non-DOT tests.
§40.235 (c) and (d) – responsibility to follow instructions for ASDs.
§40.255 (b)- receipt and storage of alcohol test information.
§40.265 (c) – (e) – actions in “shy lung” situations.
§40.267 – cancellation of alcohol tests.
§40.271 – actions in “correctable flaw” situations in alcohol tests.
§40.273 – actions following cancelled tests in alcohol tests.
§40.275 – actions in “non-fatal flaw” situations in alcohol tests.
§§40.287 – 40.289 – responsibilities concerning SAP services.
§§40.295 – 40.297 prohibition on seeking second SAP evaluation or changing SAP recommendation.
§40.303 – responsibilities concerning aftercare recommendations.
§40.305 – responsibilities concerning return-to-duty decision.
§40.309 – responsibilities concerning follow-up tests.
§40.321 – general confidentiality requirement.
§40.323 – release of confidential information in litigation.
§40.331 – other circumstances for the release of confidential information.
§40.333 – record retention requirements.
§40.345 – choice of who reports drug testing information to employers.

Categories: Ask DOTti, General
Question ID:
 /386
Link Title:
 /Clinical Laboratory Improvement Amendments of 1988
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

To date CLIA has taken the position that breath alcohol testing is not a diagnostic test and therefore is not covered by CLIA.   See a position statement from CLIA at the link below.

Question ID:
 /15
Link Title:
 /
Link:
 
Section:
 /31
SubPart:
 /C
Tag:
 /40.31
Article Type:
 /DRUG

(a) Collectors meeting the requirements of this subpart are the only persons authorized to collect urine specimens for DOT drug testing.
(b) A collector must meet training requirements of §40.33.
(c) As the immediate supervisor of an employee being tested, you may not act as the collector when that employee is tested, unless no other collector is available and you are permitted to do so under DOT agency drug and alcohol regulations.
(d) You must not act as the collector for the employee being tested if you work for a HHS-certified laboratory (e.g., as a technician or accessioner) and could link the employee with a urine specimen, drug testing result, or laboratory report.

Categories: Ask DOTti, General
Question ID:
 /387
Link Title:
 /Federal Register - CPL/Screening
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Yes, NHTSA has a CPL for Alcohol Screening Devices (ASDs).  Click the link below to view this list.

Categories: DOT, General
Question ID:
 /16
Link Title:
 /
Link:
 
Section:
 /33
SubPart:
 /C
Tag:
 /40.33
Article Type:
 /DRUG

To be permitted to act as a collector in the DOT drug testing program, you must meet each of the requirements of this section:

 

(a) Basic information. You must be knowledgeable about this part, the current “DOT Urine Specimen Collection Procedures Guidelines,” and DOT agency regulations applicable to the employers for whom you perform collections. DOT agency regulations, the DOT Urine Specimen Collection Procedures Guidelines, and other materials are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE., Washington DC, 20590, 202-366-3784, or on the ODAPC Web site (https://www.transportation.gov/odapc). You must keep current on any changes to these materials. You must subscribe to the ODAPC list-serve at: https://www.transportation.gov/odapc/get-odapc-email-updates.

 

(b) Qualification training. You must receive qualification training meeting the requirements of this paragraph. Qualification training must provide instruction on the following subjects:

 

(1)All steps necessary to complete a collection correctly and the proper completion and transmission of the CCF;

 

(2)“Problem” collections (e.g., situations like “shy bladder” and attempts to tamper with a specimen);

 

(3)Fatal flaws, correctable flaws, and how to correct problems in collections; and

 

(4)The collector’s responsibility for maintaining the integrity of the collection process, ensuring the privacy of employees being tested, ensuring the security of the specimen, and avoiding conduct or statements that could be viewed as offensive or inappropriate;

 

(c) Initial Proficiency Demonstration. Following your completion of qualification training under paragraph (b) of this section, you must demonstrate proficiency in collections under this part by completing five consecutive error-free mock collections.

 

(1)The five mock collections must include two uneventful collection scenarios, one insufficient quantity of urine scenario, one temperature out of range scenario,and one scenario in which the employee refuses to sign the CCF and initial the specimen bottle tamper-evident seal.

 

(2)Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between the instructor and trainee, and attest in writing that the mock collections are“error-free.” This person must be a qualified collector who has demonstrated necessary knowledge, skills, and abilities by—

 

i)Regularly conducting DOT drug test collections for a period of at least a year;

 

(ii)Conducting collector training under this part for a year; or

 

(iii)Successfully completing a “train the trainer” course.

 

(d) You must meet the requirements of paragraphs (b) and (c) of this section before you begin to perform collector functions.

 

(e) Refresher training. No less frequently than every five years from the date on which you satisfactorily complete the requirements of paragraphs (b) and (c) of this section, you must complete refresher training that meets all the requirements of paragraphs (b) and (c) of this section.

 

(f) ErrorCorrection Training. If you make a mistake in the collection process that causes a test to be cancelled (i.e., a fatal or uncorrected flaw), you must undergo error correction training. This training must occur within 30 days of the date you are notified of the error that led to the need for retraining.

 

(1)Error correction training must be provided and your proficiency documented in writing by a person who meets the requirements of paragraph (c)(2) of this section.

 

(2)Error correction training is required to cover only the subject matter area(s)in which the error that caused the test to be cancelled occurred.

 

(3)As part of the error correction training, you must demonstrate your proficiency in the collection procedures of this part by completing three consecutive error-free mock collections. The mock collections must include one uneventful scenario and two scenarios related to the area(s) in which your error(s)occurred. The person providing the training must monitor and evaluate your performance and attest in writing that the mock collections were “error-free.”

 

(g) Documentation.You must maintain documentation showing that you currently meet all requirements of this section. You must provide this documentation on request toDOT agency representatives and to employers and C/TPAs who are using or negotiating to use your services.

 

Categories: Ask DOTti, General
Question ID:
 /388
Link Title:
 /Federal Register - CPL/Screening
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

The DOT (ODAPC) website has a link to the information. Click the link below to view the latest CPL for screening devices.

Question ID:
 /17
Link Title:
 /
Link:
 
Section:
 /35
SubPart:
 /C
Tag:
 /40.35
Article Type:
 /DRUG

As an employer, you must provide to collectors the name and telephone number of the appropriate DER (and C/TPA, where applicable) to contact about any problems or issues that may arise during the testing process.

Categories: Ask DOTti, General
Question ID:
 /389
Link Title:
 /Distributor Request Form
Link:
Section:
 /Distributor Information
SubPart:
 /General
Tag:
 /
Article Type:
 /

If you are interested in distributing product for Intoximeters please fill out and submit the attached form.

Question ID:
 /18
Link Title:
 /
Link:
 
Section:
 /37
SubPart:
 /C
Tag:
 /40.37
Article Type:
 /DRUG

You can find other information on the role and functions of collectors in the following sections of this part:
§40.3 – definition.
§40.43 – steps to prepare and secure collection sites.
§§40.45 – 40.47 – use of CCF.
§§40.49 – 40.51 – use of collection kit and shipping materials.
§§40.61 – 40.63 – preliminary steps in collections.
§40.65 – role in checking specimens.
§40.67 – role in directly observed collections.
§40.69 – role in monitored collections.
§40.71 – role in split specimen collections.
§40.73 – chain of custody completion and finishing the collection process.
§40.191 – action in case of refusals to take test.
§40.193 – action in “shy bladder” situations.
§§40.199 – 40.205 – collector errors in tests, effects, and means of correction.

Categories: Ask DOTti, General
Question ID:
 /390
Link Title:
 /Other Educational Papers
Link:
Section:
 /Website
SubPart:
 /General
Tag:
 /
Article Type:
 /

The basic calculation for a man is [7* Ethanol in the body (in ounces) / Weight (in pounds) = BrAC in gms/210 liters of breath.] To calculate the amount of alcohol in the body, add up the total ethanol consumed and subtract .5 ounces for each hour since consumption. (3 ounces of 80 proof liquor would constitute (3*(.80 / 2)) or 1.2 ounces of pure alcohol.

To calculate the BrAC for a women, do the calculation for a man and multiply by 1.1 times.  The average women’s body has more body fat and less water per pound than the average man’s body. Therefore, the same amount of alcohol consumed will be more concentrated in a women’s body who weighed the same as a man.

As you know from the About Alcohol section of this website, the dynamics of alcohol in the human body can be quite complicated and the above formula can only produce a very rough estimate.

Question ID:
 /19
Link Title:
 /
Link:
 
Section:
 /41
SubPart:
 /D
Tag:
 /40.41
Article Type:
 /DRUG

(a) A urine collection for a DOT drug test must take place in a collection site meeting the requirements of this section.
(b) If you are operating a collection site, you must ensure that it meets the security requirements of §40.43.
(c) If you are operating a collection site, you must have all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, temporary storage, and shipping of urine specimens to a laboratory, and a suitable clean surface for writing.
(d) Your collection site must include a facility for urination described in either paragraph (e) or paragraph (f) of this section.
(e) The first, and preferred, type of facility for urination that a collection site may include is a single-toilet room, having a full-length privacy door, within which urination can occur.
(1) No one but the employee may be present in the room during the collection, except for the observer in the event of a directly observed collection.
(2) You must have a source of water for washing hands, that, if practicable, should be external to the closed room where urination occurs.If an external source is not available, you may meet this requirement by securing all sources of water and other substances that could be used for adulteration and substitution (e.g., water faucets, soap dispensers) and providing moist towelettes outside the closed room.
(f) The second type of facility for urination that a collection site may include is a multistall restroom.
(1) Such a site must provide substantial visual privacy (e.g., a toilet stall with a partial-length door) and meet all other applicable requirements of this section.
(2) If you use a multi-stall restroom, you must either–
(i) Secure all sources of water and other substances that could be used for adulteration and substitution (e.g., water faucets, soap dispensers) and place bluing agent in all toilets or secure the toilets to prevent access; or
(ii) Conduct all collections in the facility as monitored collections (see §40.69 for procedures).This is the only circumstance in which you may conduct a monitored collection.
(3) No one but the employee may be present in the multistall restroom during the collection, except for the monitor in the event of a monitored collection or the observer in the event of a directly observed collection.
(g) A collection site may be in a medical facility, a mobile facility (e.g., a van), a dedicated collection facility, or any other location meeting the requirements of this section.

Categories: Ask DOTti, General
Question ID:
 /391
Link Title:
 /Online Shopping
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

While we offer product information for all of our products online, only supplies can be purchased through our online store. Click Order Supplies to learn more about how to order supplies and accessories.

Question ID:
 /20
Link Title:
 /
Link:
 
Section:
 /43
SubPart:
 /D
Tag:
 /40.43
Article Type:
 /DRUG

(a) Collectors and operators of collection sites must take the steps listed in this section to prevent unauthorized access that could compromise the integrity of collections.
(b) As a collector, you must do the following before each collection to deter tampering with specimens:
(1) Secure any water sources or otherwise make them unavailable to employees (e.g., turn off water inlet, tape handles to prevent opening faucets);
(2) Ensure that the water in the toilet is blue;
(3) Ensure that no soap, disinfectants, cleaning agents, or other possible adulterants are present;
(4) Inspect the site to ensure that no foreign or unauthorized substances are present;
(5) Tape or otherwise secure shut any movable toilet tank top, or put bluing in the tank;
(6) Ensure that undetected access (e.g., through a door not in your view) is not possible;
(7) Secure areas and items (e.g., ledges, trash receptacles, paper towel holders, under-sink areas) that appear suitable for concealing contaminants; and
(8) Recheck items in paragraphs (b)(1) through (7) of this section following each collection to ensure the site`s continued integrity.
(c) If the collection site uses a facility normally used for other purposes, like a public rest room or hospital examining room, you must, as a collector, also ensure before the collection that:
(1) Access to collection materials and specimens is effectively restricted; and
(2) The facility is secured against access during the procedure to ensure privacy to the employee and prevent distraction of the collector.Limited-access signs must be posted.
(d) As a collector, you must take the following additional steps to ensure security during the collection process:
(1) To avoid distraction that could compromise security, you are limited to conducting a collection for only one employee at a time.However, during the time one employee is in the period for drinking fluids in a “shy bladder” situation (see §40.193(b)), you may conduct a collection for another employee.
(2) To the greatest extent you can, keep an employee`s collection container within view of both you and the employee between the time the employee has urinated and the specimen is sealed.
(3) Ensure you are the only person in addition to the employee who handles the specimen before it is poured into the bottles and sealed with tamper-evident seals.
(4) In the time between when the employee gives you the specimen and when you seal the specimen, remain within the collection site.
(5) Maintain personal control over each specimen and CCF throughout the collection process.
(e) If you are operating a collection site, you must implement a policy and procedures to prevent unauthorized personnel from entering any part of the site in which urine specimens are collected or stored.
(1) Only employees being tested, collectors and other collection site workers, DERs, employee and employer representatives authorized by the employer (e.g., employer policy, collective bargaining agreement), and DOT agency representatives are authorized persons for purposes of this paragraph (e).
(2) Except for the observer in a directly observed collection or the monitor in the case of a monitored collection, you must not permit anyone to enter the urination facility in which employees provide specimens.
(3) You must ensure that all authorized persons are under the supervision of a collector at all times when permitted into the site.
(4) You or the collector may remove any person who obstructs, interferes with, or causes a delay in the collection process.
(f) If you are operating a collection site, you must minimize the number of persons handling specimens.

Categories: Ask DOTti, General
Question ID:
 /392
Link Title:
 /Office of Drug and Alcohol Policy and Compliance
Link:
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

The DOT Model Course is intended to be an instructor led course.  However, DOT has not limited training requirements to traditional instructor led courses; video and online training are available options.  Such “non-traditional” offerings must be equivalent to the training requirements contained in the model course.

The model course is a “complete” course – providing a specific curriculum for the DOT testing procedures of 49 CFR Part 40, and the minimum objectives to be met for the use of an EBT.  The testing procedures and device training for BATs go hand-in-hand but when using an online course there could be a delay between receiving the procedures training and device proficiency training.  Individuals should arrange both procedural training and instrument proficiency training simultaneously.  The entire training process must be completed within 30 days of the start date.

The instructor, through his or her personal interaction with, and observation of, each student, will determine if the student is proficient in the DOT testing procedures and the operation of a particular EBT prior to issuing the documentation attesting to achievement.  All proficiency training must be conducted either face-to-face or in real-time observation and proficiency must be demonstrated in front of an individual who meets the requirements spelled out in Part 40.

The DOT model course provides a specific curriculum for teaching the DOT alcohol testing procedures of 49 CFR Part 40; these procedures are covered in the first seven units of the course, and are designed to take six and one-half hours of class time to complete. The course also includes an eighth unit, which does not contain a specific curriculum, but sets the minimum objectives to be met for the use of an evidential breath testing (EBT) device. The content segments and learning activities with this unit will vary depending on the EBT(s) used for this unit, and thus, are left to the instructor to develop.

Intoximeters offers BAT training courses as well as Instructor training courses in a variety of locations across the country.

The DOT Model Course is available for purchase from the Office of Drug & Alcohol Policy and Compliance.  Click on the link below to learn more.

Question ID:
 /21
Link Title:
 /
Link:
 
Section:
 /45
SubPart:
 /D
Tag:
 /40.45
Article Type:
 /DRUG

(a) The Federal Drug Testing Custody and Control Form (CCF) must be used to document every urine collection required by the DOT drug testing program. You may view this form on the Department’s Web site (http://www.transportation.gov/odapc) or the HHS Web site (http://www.workplace.samhsa.gov).

(b) You must not use a non-Federal form or an expired CCF to conduct a DOT urine collection. As a laboratory, C/TPA or other party that provides CCFs to employers, collection sites, or other customers, you must not provide copies of an expired CCF to these participants. You must also affirmatively notify these participants that they must not use an expired CCF.

(c) As a participant in the DOT drug testing program, you are not permitted to modify or revise the CCF except as follows:
(1) You may include, in the area outside the border of the form, other information needed for billing or other purposes necessary to the collection process.
(2) The CCF must include the names, addresses, telephone numbers and fax numbers of the employer and the MRO, which may be preprinted, typed, or handwritten. The MRO information must include the specific physician`s name and address, as opposed to only a generic clinic, health care organization, or company name. This information is required, and it is prohibited for an employer, collector, service agent or any other party to omit it. In addition, a C/TPA`s name, address, fax number, and telephone number may be included, but is not required. The employer may use a C/TPA`s address in place of its own, but must continue to include its name, telephone number, and fax number.
(3) As an employer, you may add the name of the DOT agency under whose authority the test occurred as part of the employer information.
(4) As a collector, you may use a CCF with your name, address, telephone number, and fax number preprinted, but under no circumstances may you sign the form before the collection event.
(d) Under no circumstances may the CCF transmit personal identifying information about an employee (other than a social security number (SSN) or other employee identification (ID) number) to a laboratory.
(e) As an employer, you may use an equivalent foreign-language version of the CCF approved by ODAPC. You may use such a non-English language form only in a situation where both the employee and collector understand and can use the form in that language.

Categories: Ask DOTti, General
Question ID:
 /393
Link Title:
 /Drink Wheel
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

There are many factors which can affect an individual’s alcohol concentration. The factors include, but are not limited to, how much alcohol is in the “drink”, percentage of water composition in the user’s body makeup, recent consumption of food.  Try the Drink Wheel for an approximation.

Question ID:
 /22
Link Title:
 /
Link:
 
Section:
 /47
SubPart:
 /D
Tag:
 /40.47
Article Type:
 /DRUG

(a) No, as an employer, you are prohibited from using the CCF for non-DOT urine collections.You are also prohibited from using non-Federal forms for DOT urine collections.Doing either subjects you to enforcement action under DOT agency regulations.
(b) (1) In the rare case where the collector, either by mistake or as the only means to conduct a test under difficult circumstances (e.g., post-accident or reasonable suspicion test with insufficient time to obtain the CCF), uses a non-Federal form for a DOT collection, the use of a non-Federal form does not present a reason for the laboratory to reject the specimen for testing or for an MRO to cancel the result.
(2) The use of the non-DOT form is a “correctable flaw.”As an MRO, to correct the problem you must follow the procedures of §40.205(b)(2).

Categories: Ask DOTti, General
Question ID:
 /394
Link Title:
 /Alcohol and the Human Body
Link:
Section:
 /Pharmacology
SubPart:
 /Absorption
Tag:
 /
Article Type:
 /

This is dependent upon body size, body composition and rate of absorption.

Categories: General, Pharmacology
Question ID:
 /23
Link Title:
 /
Link:
 
Section:
 /49
SubPart:
 /D
Tag:
 /40.49
Article Type:
 /DRUG

For each DOT drug test, you must use a collection kit meeting the requirements of Appendix A of this part.

Categories: Ask DOTti, General
Question ID:
 /395
Link Title:
 /Product Information Request
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Intoximeters does not indicate instrument pricing on the website due to the wide variety of instrument software configurations available for differing testing applications. You can request pricing information by completing our Product Information Request (see link below). After review of your information we will send appropriate product information and pricing based on your program needs.

Should you have questions or need additional information on Intoximeters products, supplies, training, or service, please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Categories: General, Ordering
Question ID:
 /24
Link Title:
 /
Link:
 
Section:
 /51
SubPart:
 /D
Tag:
 /40.51
Article Type:
 /DRUG

(a) Except as provided in paragraph (b) of this section, you must use a shipping container that adequately protects the specimen bottles from shipment 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.

Categories: Ask DOTti, General
Question ID:
 /396
Link Title:
 /Office of Drug & Alcohol Policy & Compliance
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

The United States Department of Transportation (U.S. DOT) publishes rules and regulations in the Federal Register.  However, the U.S. Department of Transportation’s website is a good place to start for information on rules, regulations, and other transportation related policies.  The actual rules related to drug and alcohol testing are covered under 49 CFR Part 40.

In addition, Intoximeters offers a variety of training courses specific to workplace testing.  The Training Department conducts classes regularly at our St. Louis, Missouri office as well as select regional locations around the United States.  Intoximeters workplace training classes are designed to meet the requirements of the U.S. Department of Transportation alcohol testing program as well as non-regulated company policy programs.

Courses also cover testing under other regulatory agencies such as the Nuclear Regulatory Commission, the U.S. Department of Energy, and U.S. Coast Guard.  Additional information on Intoximeters training courses can be found by clicking here.

Categories: DOT, General
Question ID:
 /25
Link Title:
 /
Link:
 
Section:
 /61
SubPart:
 /E
Tag:
 /40.61
Article Type:
 /DRUG

                As the collector, you must take the following steps before actually beginning a collection:

(a) When a specific time for an employee’s test has been scheduled, or the collection site is at the employee’s work site, and the employee does not appear at the collection site at the scheduled time, contact the DER to determine the appropriate interval within which the DER has determined the employee is authorized to arrive. If the employee’s arrival is delayed beyond that time, you must notify the DER that the employee has not reported for testing. In a situation where a C/TPA has notified an owner/operator or other individual employee to report for testing and the employee does not appear, the C/TPA must notify the employee that he or she has refused to test (see §40.191(a)(1)).

(b) Ensure that, when the employee enters the collection site, you begin the testing process without undue delay. For example, you must not wait because the employee says he or she is not ready or is unable to urinate or because an authorized employer or employee representative is delayed in arriving.

(1) If the employee is also going to take a DOT alcohol test, you must, to the greatest extent practicable, ensure that the alcohol test is completed before the urine collection process begins.

Example to Paragraph (b)(1):   An employee enters the test site for both a drug and an alcohol test. Normally, the collector would wait until the BAT had completed the alcohol test process before beginning the drug test process. However, there are some situations in which an exception to this normal practice would be reasonable. One such situation might be if several people were waiting for the BAT to conduct alcohol tests, but a drug testing collector in the same facility were free. Someone waiting might be able to complete a drug test without unduly delaying his or her alcohol test. Collectors and BATs should work together, however, to ensure that post-accident and reasonable suspicion alcohol tests happen as soon as possible (e.g., by moving the employee to the head of the line for alcohol tests).

(2) If the employee needs medical attention (e.g., an injured employee in an emergency medical facility who is required to have a post-accident test), do not delay this treatment to collect a specimen.

(3) You must not collect, by catheterization or other means, urine from an unconscious employee to conduct a drug test under this part. Nor may you catheterize a conscious employee. However, you must inform an employee who normally voids through self-catheterization that the employee is required to provide a specimen in that manner.

(4) If, as an employee, you normally void through self-catheterization, and decline to do so, this constitutes a refusal to test.

(c) Require the employee to provide positive identification. You must see a photo ID issued by the employer (other than in the case of an owner-operator or other self-employed individual) or a Federal, state, or local government (e.g., a driver’s license). You may not accept faxes or photocopies of identification. Positive identification by an employer representative (not a co-worker or another employee being tested) is also acceptable. If the employee cannot produce positive identification, you must contact a DER to verify the identity of the employee.

(d) If the employee asks, provide your identification to the employee. Your identification must include your name and your employer’s name, but does not have to include your picture, address, or telephone number.

(e) Explain the basic collection procedure to the employee, including showing the employee the instructions on the back of the CCF.

(f) Direct the employee to remove outer clothing (e.g., coveralls, jacket, coat, hat) that could be used to conceal items or substances that could be used to tamper with a specimen. You must also direct the employee to leave these garments and any briefcase, purse, or other personal belongings with you or in a mutually agreeable location. You must advise the employee that failure to comply with your directions constitutes a refusal to test.

(1) If the employee asks for a receipt for any belongings left with you, you must provide one.

(2) You must allow the employee to keep his or her wallet.

(3) You must not ask the employee to remove other clothing (e.g., shirts, pants, dresses, underwear), to remove all clothing, or to change into a hospital or examination gown (unless the urine collection is being accomplished simultaneously with a DOT agency-authorized medical examination).

(4) You must direct the employee to empty his or her pockets and display the items in them to ensure that no items are present which could be used to adulterate the specimen. If nothing is there that can be used to adulterate a specimen, the employee can place the items back into his or her pockets. As the employee, you must allow the collector to make this observation.

(5) If, in your duties under paragraph (f)(4) of this section, you find any material that could be used to tamper with a specimen, you must:

(i) Determine if the material appears to be brought to the collection site with the intent to alter the specimen, and, if it is, conduct a directly observed collection using direct observation procedures (see §40.67); or

(ii) Determine if the material appears to be inadvertently brought to the collection site (e.g., eye drops), secure and maintain it until the collection process is completed and conduct a normal (i.e., unobserved) collection.

(g) You must instruct the employee not to list medications that he or she is currently taking on the CCF. (The employee may make notes of medications on the back of the employee copy of the form for his or her own convenience, but these notes must not be transmitted to anyone else.)

Categories: Ask DOTti, General
Question ID:
 /397
Link Title:
 /Fuel Cell Paper
Link:
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Integrating the fuel cell output is a patented method for interpreting the information generated from the sensor. This technique was essential in solving several of the technical issues that caused many to believe that fuel cell instruments would always remain screening instruments.  Integration effectively eliminates the “slumping” effect seen in sensing devices that used “peak” analysis techniques.  As well, integration has allowed for longer term calibrations.

Categories: Fuel Cells, General
Question ID:
 /26
Link Title:
 /
Link:
 
Section:
 /63
SubPart:
 /E
Tag:
 /40.63
Article Type:
 /DRUG

As the collector, you must take the following steps before the employee provides the urine specimen:
(a) Complete Step 1 of the CCF.
(b) Instruct the employee to wash and dry his or her hands at this time.You must tell the employee not to wash his or her hands again until after delivering the specimen to you.You must not give the employee any further access to water or other materials that could be used to adulterate or dilute a specimen.
(c) Select, or allow the employee to select, an individually wrapped or sealed collection container from collection kit materials.Either you or the employee, with both of you present, must unwrap or break the seal of the collection container.You must not unwrap or break the seal on any specimen bottle at this time.You must not allow the employee to take anything from the collection kit into the room used for urination except the collection container.
(d) Direct the employee to go into the room used for urination, provide a specimen of at least 45 mL, not flush the toilet, and return to you with the specimen as soon as the employee has completed the void.
(1) Except in the case of an observed or a monitored collection (see §§40.67 and 40.69), neither you nor anyone else may go into the room with the employee.
(2) As the collector, you may set a reasonable time limit for voiding.
(e) You must pay careful attention to the employee during the entire collection process to note any conduct that clearly indicates an attempt to tamper with a specimen (e.g., substitute urine in plain view or an attempt to bring into the collection site an adulterant or urine substitute).If you detect such conduct, you must require that a collection take place immediately under direct observation (see §40.67) and note the conduct and the fact that the collection was observed in the “Remarks” line of the CCF (Step 2).You must also, as soon as possible, inform the DER and collection site supervisor that a collection took place under direct observation and the reason for doing so.

Categories: Ask DOTti, General
Question ID:
 /398
Link Title:
 /Contact Webmaster
Link:
Section:
 /Website
SubPart:
 /General
Tag:
 /
Article Type:
 /

We provide links to non commercial sites. If there is part of your site that is public service oriented let us know and we will consider it.

Categories: General, Website
Question ID:
 /27
Link Title:
 /
Link:
 
Section:
 /65
SubPart:
 /E
Tag:
 /40.65
Article Type:
 /DRUG

As a collector, you must check the following when the employee gives the collection container to you:
(a) Sufficiency of specimen. You must check to ensure that the specimen contains at least 45 mL of urine.
(1) If it does not, you must follow “shy bladder” procedures (see §40.193(b)).
(2) When you follow “shy bladder” procedures, you must discard the original specimen, unless another problem (i.e., temperature out of range, signs of tampering) also exists.
(3) You are never permitted to combine urine collected from separate voids to create a specimen.
(4) You must discard any excess urine.
(b) Temperature. You must check the temperature of the specimen no later than four minutes after the employee has given you the specimen.
(1) The acceptable temperature range is 32-38 º C / 90-100 º F.
(2) You must determine the temperature of the specimen by reading the temperature strip attached to the collection container.
(3) If the specimen temperature is within the acceptable range, you must mark the “Yes” box on the CCF (Step 2).
(4) If the specimen temperature is outside the acceptable range, you must mark the “No” boxand enter in the “Remarks” line (Step 2) your findings about the temperature.
(5) If the specimen temperature is outside the acceptable range, you must immediately conduct a new collection using direct observation procedures (see §40.67).
(6) In a case where a specimen is collected under direct observation because of the temperature being out of range, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory.This is true even in a case in which the original specimen has insufficient volume but the temperature is out of range. You must also, as soon as possible, inform the DER and collection site supervisor that a collection took place under direct observation and the reason for doing so.
(7) In a case where the employee refuses to provide another specimen (see §40.191(a)(3)) or refuses to provide another specimen under direct observation (see §40.191(a)(4)), you must notify the DER.As soon as you have notified the DER, you must discard any specimen the employee has provided previously during the collection procedure.
(c) Signs of tampering. You must inspect the specimen for unusual color, presence of foreign objects or material, or other signs of tampering(e.g., if you notice any unusual odor).
(1) If it is apparent from this inspection that the employee has tampered with the specimen (e.g., blue dye in the specimen, excessive foaming when shaken, smell of bleach), you must immediately conduct a new collection using direct observation procedures (see §40.67).
(2) In a case where a specimen is collected under direct observation because of showing signs of tampering, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory.This is true even in a case in which the original specimen has insufficient volume but it shows signs of tampering.You must also, as soon as possible, inform the DER and collection site supervisor that a collection took place under direct observation and the reason for doing so.
(3) In a case where the employee refuses to provide a specimen under direct observation (see §40.191(a)(4)), you must discard any specimen the employee provided previously during the collection procedure.Then you must notify the DER as soon as practicable.

Categories: Ask DOTti, General
Question ID:
 /399
Link Title:
 /
Link:
 
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

In order to setup an account, you must either establish credit or pre-pay your product purchase with a credit card or check.

Question ID:
 /28
Link Title:
 /
Link:
 
Section:
 /67
SubPart:
 /E
Tag:
 /40.67
Article Type:
 /DRUG

(a) As an employer you must direct an immediate collection under direct observation with no advance notice to the employee, if:
(1) The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to you that there was not an adequate medical explanation for the result; or
(2) The MRO reported to you that the original positive, adulterated, or substituted result had to be cancelled because the test of the split specimen could not be performed; or
(3) The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the specimen to you as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1)).
(b) As an employer, you m direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test.
(c) As a collector, you must immediately conduct a collection under direct observation if:
(1) You are directed by the DER to do so (see paragraphs (a) and (b) of this section); or
(2) You observed materials brought to the collection site or the employee`s conduct clearly indicates an attempt to tamper with a specimen (see §40.61(f)(5)(i) and 40.63(e)); or
(3) The temperature on the original specimen was out of range (see §40.65(b)(5)); or
(4) The original specimen appeared to have been tampered with (see §40.65(c)(1)).
(d) (1) As the employer, you must explain to the employee the reason for a directly observed collection under paragraph (a) or (b) of this section.
(2) As the collector, you must explain to the employee the reason, if known, under this part for a directly observed collection under paragraphs (c)(1) through (3) of this section.
(e) As the collector, you must complete a new CCF for the directly observed collection.
(1) You must mark the “reason for test” block (Step 1) the same as for the first collection.
(2) You must check the “Observed, (Enter Remark)” box and enter the reason (see §40.67(b)) in the “Remarks” line (Step 2).
(f) In a case where two sets of specimens are being sent to the laboratory because of suspected tampering with the specimen at the collection site, enter on the “Remarks” line of the CCF (Step 2) for each specimen a notation to this effect (e.g., collection 1 of 2, or 2 of 2) and the specimen ID number of the other specimen.
(g) As the collector, you must ensure that the observer is the same gender as the employee. You must never permit an opposite gender person to act as the observer. The observer can be a different person from the collector and need not be a qualified collector.
(h) As the collector, if someone else is to observe the collection (e.g., in order to ensure a same gender observer), you must verbally instruct that person to follow procedures at paragraphs (i) and (j) of this section.If you, the collector, are the observer, you too must follow these procedures.
(i) As the observer, you must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. After you have determined that the employee does not have such a device, you may permit the employee to return clothing to its proper position for observed urination.
(j) As the observer, you must watch the employee urinate into the collection container.Specifically, you are to watch the urine go from the employee`s body into the collection container.
(k) As the observer but not the collector, you must not take the collection container from the employee, but you must observe the specimen as the employee takes it to the collector.
(l) As the collector, when someone else has acted as the observer, you must include the observer`s name in the “Remarks” line of the CCF (Step 2).
(m) As the employee, if you decline to allow a directly observed collection required or permitted under this section to occur, this is a refusal to test.
(n) As a service agent, when you learn that a directly observed collection should have been collected but was not, you must inform the employer that it must direct the employee to have an immediate recollection under direct observation.

Categories: Ask DOTti, General
Question ID:
 /400
Link Title:
 /
Link:
 
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

49 CFR Part 40.213 requires the BAT instructor to be an individual who has demonstrated the necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests for a period of at least a year or by completing a “train the trainer” course.

Instructor sources include, but are not limited to, EBT manufacturers, professional trainers and other service providers. Each individual must maintain documentation showing that he/she currently meets all requirements of 49 CFR Part 40.213 regarding training.  The employer must ensure through documentation that each BAT used to conduct a DOT alcohol test has been trained completely.

More Information

Question ID:
 /29
Link Title:
 /
Link:
 
Section:
 /69
SubPart:
 /E
Tag:
 /40.69
Article Type:
 /DRUG

(a)As the collector, you must secure the room being used for the monitored collection so that no one except the employee and the monitor can enter it until after the collection has been completed.
(b) As the collector, you must ensure that the monitor is the same gender as the employee, unless the monitor is a medical professional (e.g., nurse, doctor, physician`s assistant, technologist, or technician licensed or certified to practice in the jurisdiction in which the collection takes place). The monitor can be a different person from the collector and need not be a qualified collector.
(c) As the collector, if someone else is to monitor the collection (e.g., in order to ensure a same-gender monitor), you must verbally instruct that person to follow procedures at paragraphs (d) and (e) of this section. If you, the collector, are the monitor, you must follow these procedures.
(d) As the monitor, you must not watch the employee urinate into the collection container. If you hear sounds or make other observations indicating an attempt to tamper with a specimen, there must be an additional collection under direct observation (see §§40.63(e), 40.65(c), and 40.67(b)).
(e) As the monitor, you must ensure that the employee takes the collection container directly to the collector as soon as the employee has exited the enclosure.
(f) As the collector, when someone else has acted as the monitor, you must note that person`s name in the “Remarks” line of the CCF (Step 2).
(g) As the employee being tested, if you decline to permit a collection authorized under this section to be monitored, it is a refusal to test.

Categories: Ask DOTti, General
Question ID:
 /401
Link Title:
 /Alcohol Absorption, Distribution & Elimination
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Yes, if you drank enough last night and all of the alcohol in your system had not been eliminated, then your blood and breath would still contain alcohol.

Question ID:
 /30
Link Title:
 /
Link:
 
Section:
 /71
SubPart:
 /E
Tag:
 /40.71
Article Type:
 /DRUG

(a) All collections under DOT agency drug testing regulations must be split specimen collections.
(b) As the collector, you must take the following steps, in order, after the employee brings the urine specimen to you.You must take these steps in the presence of the employee.
(1) Check the box on the CCF (Step 2) indicating that this was a split specimen collection.
(2) You, not the employee, must first pour at least 30 mL of urine from the collection container into one specimen bottle, to be used for the primary specimen.
(3) You, not the employee, must then pour at least 15 mL of urine from the collection container into the second specimen bottle to be used for the split specimen.
(4) You, not the employee, must place and secure (i.e., tighten or snap) the lids/caps on the bottles.
(5) You, not the employee, must seal the bottles by placing the tamper-evident bottle seals over the bottle caps/lids and down the sides of the bottles.
(6) You, not the employee, must then write the date on the tamper-evident bottle seals.
(7) You must then ensure that the employee initials the tamper-evident bottle seals for the purpose of certifying that the bottles contain the specimens he or she provided. If the employee fails or refuses to do so, you must note this in the “Remarks” line of the CCF (Step 2) and complete the collection process.
(8) You must discard any urine left over in the collection container after both specimen bottles have been appropriately filled and sealed. There is one exception to this requirement: you may use excess urine to conduct clinical tests (e.g., protein, glucose) if the collection was conducted in conjunction with a physical examination required by a DOT agency regulation. Neither you nor anyone else may conduct further testing (such as adulteration testing) on this excess urine and the employee has no legal right to demand that the excess urine be turned over to the employee.

Categories: Ask DOTti, General
Question ID:
 /402
Link Title:
 /Alcohol and the Human Body
Link:
Section:
 /Pharmacology
SubPart:
 /Absorption
Tag:
 /
Article Type:
 /

Yes, it can affect the rate of absorption and therefore affect the rate of accumulation of alcohol in the blood.

Categories: General, Pharmacology
Question ID:
 /31
Link Title:
 /
Link:
 
Section:
 /73
SubPart:
 /E
Tag:
 /40.73
Article Type:
 /DRUG

(a) As the collector, you must do the following things to complete the collection process.You must complete the steps called for in paragraphs (a)(1) through (a)(7) of this section in the employee`s presence.
(1) Direct the employee to read and sign the certification statement on Copy 2 (Step 5) of the CCF and provide date of birth, printed name, and day and evening contact telephone numbers.If the employee refuses to sign the CCF or to provide date of birth, printed name, or telephone numbers, you must note this in the “Remarks” line (Step 2) of the CCF, and complete the collection.If the employee refuses to fill out any information, you must, as a minimum, print the employee`s name in the appropriate place.
(2) Complete the chain of custody on the CCF (Step 4) by printing your name (note:you may pre-print your name), recording the time and date of the collection, signing the statement, and entering the name of the delivery service transferring the specimen to the laboratory,
(3) Ensure that all copies of the CCF are legible and complete.
(4) Remove Copy 5 of the CCF and give it to the employee.
(5) Place the specimen bottles and Copy 1 of the CCF in the appropriate pouches of the plastic bag.
(6) Secure both pouches of the plastic bag.
(7) Advise the employee that he or she may leave the collection site.
(8) To prepare the sealed plastic bag containing the specimens and CCF for shipment you must:
(i) Place the sealed plastic bag in a shipping container (e.g., standard courier box) designed to minimize the possibility of damage during shipment.(More than one sealed plastic bag can be placed into a single shipping container if you are doing multiple collections.)
(ii) Seal the container as appropriate.
(iii) If a laboratory courier hand-delivers the specimens from the collection site to the laboratory, prepare the sealed plastic bag for shipment as directed by the courier service.
(9) Send Copy 2 of the CCF to the MRO and Copy 4 to the DER.You must fax or otherwise transmit these copies to the MRO and DER within 24 hours or during the next business day.Keep Copy 3 for at least 30 days, unless otherwise specified by applicable DOT agency regulations.
(b) As a collector or collection site, you must ensure that each specimen you collect is shipped to a laboratory as quickly as possible, but in any case within 24 hours or during the next business day.

Categories: Ask DOTti, General
Question ID:
 /403
Link Title:
 /General Supply Catalog
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

By clicking on Order Supplies you can view pricing information online and place an order for various consumables and general supplies to support your use of Intoximeters products.

To download our product catalog on Consumables (i.e. mouthpieces, passive cups, ..etc.), click here.

To download our product catalog for General Supplies (i.e. calibration, printer, forms, ..etc), click here.

If you wish to place an order by fax or mail, download an Order Form by clicking here. The form provides the necessary instructions to successfully place an order for these items at your convenience as our fax lines are available 24/7.

Should you have questions or need additional information on Intoximeters products, supplies, training, or service, please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Categories: General, Ordering
Question ID:
 /32
Link Title:
 /
Link:
 
Section:
 /81
SubPart:
 /F
Tag:
 /40.81
Article Type:
 /DRUG

(a) As a drug-testing laboratory located in the U.S., you are permitted to participate in DOT drug testing only if HHS under the National Laboratory Certification Program (NLCP) certifies you for all testing required under this part.
(b) As a drug-testing laboratory located in Canada or Mexico, which is not certified by HHS under the NLCP, you are permitted to participate in DOT drug testing only if:
(1) The DOT, based on a written recommendation from HHS, has approved your laboratory as meeting HHS laboratory certification standards or deemed your laboratory fully equivalent to a laboratory meeting HHS laboratory certification standards for all testing required under this part; or
(2) The DOT, based on a written recommendation from HHS, has recognized a Canadian or Mexican certifying organization as having equivalent laboratory certification standards and procedures to those of HHS, and the Canadian or Mexican certifying organization has certified your laboratory under those equivalent standards and procedures.
(c) As a laboratory participating in the DOT drug-testing program, you must comply with the requirements of this part.You must also comply with all applicable requirements of HHS in testing DOT specimens, whether or not the HHS requirements are explicitly stated in this part.
(d) If DOT determines that you are in noncompliance with this part, you could be subject to PIE proceedings under Subpart R of this part.If the Department issues a PIE with respect to you, you are ineligible to participate in the DOT drug-testing program even if you continue to meet the requirements of paragraph (a) or (b) of this section.

Categories: Ask DOTti, General
Question ID:
 /404
Link Title:
 /National Institute on Alcohol Abuse and Alcoholism
Link:
Section:
 /General
SubPart:
 /
Tag:
 /
Article Type:
 /

Studies show that women may be more vulnerable to the effects of alcohol.

Categories: General, Pharmacology
Question ID:
 /33
Link Title:
 /
Link:
 
Section:
 /83
SubPart:
 /F
Tag:
 /40.83
Article Type:
 /DRUG

                As the laboratory, you must do the following when you receive a DOT specimen:

 

(a) You are authorized to receive only the laboratory copy of the CCF. You are not authorized to receive other copies of the CCF nor any copies of the alcohol testing form.

(b) You must comply with applicable provisions of the HHS Guidelines concerning accessioning and processing urine drug specimens.

(c) You must inspect each specimen and CCF for the following “fatal flaws”:

(1) There is no CCF;

(2) In cases where a specimen has been collected, there is no specimen submitted with the CCF;

(3) There is no printed collector’s name and no collector’s signature;

(4) Two separate collections are performed using one CCF;

(5) The specimen ID numbers on the specimen bottle and the CCF do not match;

(6) The specimen bottle seal is broken or shows evidence of tampering, unless a split specimen can be redesignated (see paragraph (h) of this section);

(7) There is an insufficient amount of urine in the primary bottle for analysis, unless the specimens can be redesignated (see paragraph (h) of this section).

 

(d) When you find a specimen meeting the criteria of paragraph (c) of this section, you must document your findings and stop the testing process. Report the result in accordance with §40.97(a)(3) .

 

(e) You must inspect each CCF for the presence of the collector’s signature on the certification statement in Step 4 of the CCF. Upon finding that the signature is omitted, document the flaw and continue the testing process.

 

(1) In such a case, you must retain the specimen for a minimum of 5 business days from the date on which you initiated action to correct the flaw.

 

(2) You must then attempt to correct the flaw by following the procedures of §40.205(b)(1).

 

(3) If the flaw is not corrected, report the result as rejected for testing in accordance with §40.97(a)(3).

 

(f) If you determine that the specimen temperature was not checked and the “Remarks” line did not contain an entry regarding the temperature being outside of range, you must then attempt to correct the problem by following the procedures of §40.208.

 

(1) In such a case, you must continue your efforts to correct the problem for five business days, before you report the result.

 

(2) When you have obtained the correction, or five business days have elapsed, report the result in accordance with §40.97(a).

 

(g) If you determine that a CCF that fails to meet the requirements of §40.45(a) (e.g., a non-Federal form or an expired Federal form was used for the collection), you must attempt to correct the use of the improper form by following the procedures of §40.205(b)(2).

 

(1) In such a case, you must retain the specimen for a minimum of 5 business days from the date on which you initiated action to correct the problem.

 

(2) If the problem(s) is not corrected, you must reject the test and report the result in accordance with §40.97(a)(3).

 

(h) If the CCF is marked indicating that a split specimen collection was collected and if the split specimen does not accompany the primary, has leaked, or is otherwise unavailable for testing, you must still test the primary specimen and follow appropriate procedures outlined in §40.175(b) regarding the unavailability of the split specimen for testing.

 

(1) The primary specimen and the split specimen can be redesignated (i.e., Bottle B is redesignated as Bottle A, and vice-versa) if:

 

(i) The primary specimen appears to have leaked out of its sealed bottle and the laboratory believes a sufficient amount of urine exists in the split specimen to conduct all appropriate primary laboratory testing; or

 

(ii) The primary specimen is labeled as Bottle B, and the split specimen as Bottle A; or

 

(iii) The laboratory opens the split specimen instead of the primary specimen, the primary specimen remains sealed, and the laboratory believes a sufficient amount of urine exists in the split specimen to conduct all appropriate primary laboratory testing; or

 

(iv) The primary specimen seal is broken but the split specimen remains sealed and the laboratory believes a sufficient amount of urine exists in the split specimen to conduct all appropriate primary laboratory testing.

 

(2) In situations outlined in paragraph (g)(1) of this section, the laboratory shall mark through the “A” and write “B,” then initial and date the change. A corresponding change shall be made to the other bottle by marking through the “B” and writing “A,” and initialing and dating the change.

 

(i) A notation shall be made on Copy 1 of the CCF (Step 5a) and on any laboratory internal chain of custody documents, as appropriate, for any fatal or correctable flaw.

 

Categories: Ask DOTti, General
Question ID:
 /405
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Yes, fuel cells are electrochemical sensors. The electrochemical fuel cell sensor generates an electronic response that is proportional to the Breath Alcohol Concentration in the provided breath sample. The fuel cell sensor is specific for alcohol. It does not respond to acetone or other substances that can be found in human breath.

Categories: Fuel Cells, General
Question ID:
 /34
Link Title:
 /
Link:
 
Section:
 /85
SubPart:
 /F
Tag:
 /40.85
Article Type:
 /DRUG

As a laboratory, you must test for the following five drugs or classes of drugs in a DOT drug test. You must not test “DOT specimens” for any other drugs.

(a) Marijuana metabolites.

(b) Cocaine metabolites.

(c) Amphetamines.

(d) Opioids.

(e) Phencyclidine (PCP).

Categories: Ask DOTti, General
Question ID:
 /406
Link Title:
 /Catalog of Commonly Ordered Supplies
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

For information about which instrument will best fit your testing program, please check out our Buyers Guide in the Products section of this website.  You will not be able to order the instrument(s) online but you can research the various product options and place your order via fax or mail with our Order Form.

If it is supplies or accessories that you are looking for, our new site helps you narrow down your choices based on which instrument you have.  Pictures of the different products are included so you can compare to what you have on hand.  View Supplies.

You can always contact our knowledgeable Customer Service staff for additional information.

Question ID:
 /35
Link Title:
 /
Link:
 
Section:
 /87
SubPart:
 /F
Tag:
 /40.87
Article Type:
 /DRUG

(a) As a laboratory, you must use the cutoff concentrations displayed in the following table for initial and confirmation drug tests. All cutoff concentrations are expressed in nanograms per milliliter (ng/mL).The table follows:

Initial test analyteInitial test cutoff1Confirmatory test analyteConfirmatory test cutoff concentration
Marijuana metabolites (THCA)250 ng/mL3THCA15 ng/mL.
Cocaine metabolite (Benzoylecgonine)150 ng/mL3Benzoylecgonine100 ng/mL.
Codeine/
Morphine
2000 ng/mLCodeine
Morphine
2000 ng/mL.
2000 ng/mL.
Hydrocodone/
Hydromorphone
300 ng/mLHydrocodone
Hydromorphone
100 ng/mL.
100 ng/mL.
Oxycodone/
Oxymorphone
100 ng/mLOxycodone
Oxymorphone
100 ng/mL.
100 ng/mL.
6-Acetylmorphine10 ng/mL6-Acetylmorphine10 ng/mL.
Phencyclidine25 ng/mLPhencyclidine25 ng/mL.
Amphetamine/
Methamphetamine
500 ng/mLAmphetamine
Methamphetamine
250 ng/mL.
250 ng/mL.
MDMA4/MDA5500 ng/mLMDMA
MDA
250 ng/mL.
250 ng/mL.

1For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory’s validated limit of quantification) must be equal to or greater than the initial test cutoff.

2An immunoassay must be calibrated with the target analyte, Δ-9-tetrahydrocannabinol-9-carboxylic acid (THCA).

3Alternate technology (THCA and Benzoylecgonine): When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine, the laboratory must use the same cutoff for the initial and confirmatory tests (i.e., 15 ng/mL for THCA and 100ng/mL for Benzoylecgonine).

4Methylenedioxymethamphetamine (MDMA).

5Methylenedioxyamphetamine (MDA).

(b) On an initial drug test, you must report a result below the cutoff concentration as negative. If the result is at or above the cutoff concentration, you must conduct a confirmation test.
(c) On a confirmation drug test, you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive.
(d) You must report quantitative values for morphine or codeine at 15,000 ng/mL or above.

Categories: Ask DOTti, General
Question ID:
 /407
Link Title:
 /
Link:
 
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

Your device needs to be calibrated and then checked by a Factory Authorized calibration technician. If you have not been certified by Intoximeters to calibrate your EBT, then you should send the device to the factory for calibration or locate an authorized calibration technician in your area.

DOT says that inspection, maintenance, and calibration of EBTs needs to be done according to specific criteria – which are set forth in the manufacturer’s Quality Assurance Plan (QAP). Each of these functions also needs to be performed by specific entities- namely the manufacturer of the EBT, a representative certified by the manufacturer of the EBT, a state health agency, or another appropriate state agency (e.g. law enforcement). (Note: It would be reasonable to assume that the state agencies would have received their training in this area from the manufacturer of the EBT.)

The DOT has purposely limited inspection, maintenance, and calibration functions in attempt to increase the overall reliability of industry test results.

If your EBT has failed an accuracy check, thus requiring a calibration adjustment, you have several options:

  1. Find a properly certified Cal Tech in your area (contact the Training Department),
  2. Get trained as a Cal Tech and perform the calibration yourself (view available classes),
  3. Send the instrument to Intoximeters Technical Service for calibration, or
  4. Use another properly calibrated EBT.
Question ID:
 /36
Link Title:
 /
Link:
 
Section:
 /89
SubPart:
 /F
Tag:
 /40.89
Article Type:
 /DRUG

(a) Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human urine.The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
(b) As a laboratory, you must conduct validity testing.

Categories: Ask DOTti, General
Question ID:
 /408
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

If you observe a fifteen minute deprivation period prior to testing, we are not aware of anything that will affect alcohol concentrations in your breath.

Question ID:
 /37
Link Title:
 /
Link:
 
Section:
 /91
SubPart:
 /F
Tag:
 /40.91
Article Type:
 /DRUG

As a laboratory, when you conduct validity testing under §40.89, you must conduct it in accordance with the requirements of this section.
(a) You must determine the creatinine concentration on each primary specimen. You must also determine its specific gravity if you find the creatinine concentration to be less than 20 mg/dL.
(b) You must determine the pH of each primary specimen.
(c) You must perform one or more validity tests for oxidizing adulterants on each primary specimen.
(d) You must perform additional validity tests on the primary specimen when the following conditions are observed:
(1) Abnormal physical characteristics;
(2) Reactions or responses characteristic of an adulterant obtained during initial or confirmatory drug tests (e.g., non-recovery of internal standards, unusual response); or
(3) Possible unidentified interfering substance or adulterant.
(e) If you determine that the specimen is invalid and HHS guidelines direct you to contact the MRO, you must contact the MRO and together decide if testing the primary specimen by another HHS certified laboratory would be useful in being able to report a positive or adulterated test result.

Categories: Ask DOTti, General
Question ID:
 /409
Link Title:
 /Alcohol Metabolism
Link:
Section:
 /Pharmacology
SubPart:
 /Elimination
Tag:
 /
Article Type:
 /

It depends how much you drink and how well your body metabolizes the alcohol.  A general rule of thumb is that a healthy drinker reduces their alcohol concentration by about .015 BrAC per hour.

Categories: General, Pharmacology
Question ID:
 /38
Link Title:
 /
Link:
 
Section:
 /93
SubPart:
 /F
Tag:
 /40.93
Article Type:
 /DRUG

(a) As a laboratory you must consider the primary specimen to be dilute when:
(1) The creatinine concentration is greater than or equal to 2 mg/dL but less than 20 mg/dL, and
(2) The specific gravity is greater than 1.0010 but less than 1.0030 on a single aliquot.
(b) As a laboratory, you must consider the primary specimen to be substituted when the creatinine concentration is less than 2 mg/dL and the specific gravity is less than or equal to 1.0010 or greater than or equal to 1.0200 on both the initial and confirmatory creatinine tests and on both the initial and confirmatory specific gravity tests on two separate aliquots.

Categories: Ask DOTti, General
Question ID:
 /410
Link Title:
 /How To Set Up An Account
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Intoximeters does not require you to set up an account prior to placing your order. Once you have decided which product(s) you need to order, just fax (+1-314-429-4170) or mail your order to our Customer Service Department and a Customer Service Representative (CSR) will arrange to have a new account set up. Your CSR will then e-mail you an order acknowledgement with the total amount due so you can arrange payment by your preferred method.

There are 2 options for your payment:

  1. If you wish to establish credit terms with the first order, then we must initiate a credit inquiry. There is a spot at the bottom of our Product Order Form where you may sign to authorize Intoximeters to conduct a credit check. Please note that this may delay processing of your order.
  2. You may pre-pay your order with a valid check, money order, cashier’s check, or credit card. Intoximeters accepts all major credit cards.
Categories: General, Ordering
Question ID:
 /39
Link Title:
 /
Link:
 
Section:
 /95
SubPart:
 /F
Tag:
 /40.95
Article Type:
 /DRUG

(a) As a laboratory, you must use the cutoff concentrations for the initial and confirmation adulterant testing as required by the HHS Mandatory Guidelines and you must use two separate aliquots – one for the initial test and another for the confirmation test.
(1) A substance that is not expected to be present in human urine is identified in the specimen;
(2) A substance that is expected to be present in human urine is identified at a concentration so high that it is not consistent with human urine; or
(3) The physical characteristics of the specimen are outside the normal expected range for human urine.
(b) As a laboratory, you must report results at or above the cutoffs (or for pH, at or above or below the values, as appropriate) as adulterated and provide the numerical value that supports the adulterated result.

Categories: Ask DOTti, General
Question ID:
 /411
Link Title:
 /49 CFR Part 40
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

No, regulations concerning the type of devices that can be used for U.S. DOT workplace testing are covered in 49 CFR Part 40 Subpart K of the Federal Register (see link below).  The minimum requirement for an instrument to perform a screening test is that it is approved by DOT and listed on the Conforming Products List (CPL) for Screening Devices.  However, only a product that has been approved and listed on the CPL for Evidential instruments can be used for confirmation testing.

In addition to being approved on the Evidential CPL, DOT places additional requirements on evidential breath testing (EBT) instruments used for confirmation testing ——— see 49 CFR Part 40.231———-
1.    Provides a printed triplicate result or three identical copies of a result for each test;
2.    Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the
result;
3.    Prints on each copy of the result the manufacturer’s name for the device, its serial number, and the time of the test;
4.    Distinguishes alcohol from acetone at the .020 alcohol concentration level.
5.    Tests an air blank; and
6.    Is capable of performing an accuracy check.

Learn more about our complete range of products by clicking the Intoximeters Products link below.  To discuss your U.S. DOT/Workplace testing needs with the Intoximeters Training Department call us at (314) 429-4000 or email your questions.  You may also contact your regional sales representative for more information.

Categories: DOT, General
Question ID:
 /40
Link Title:
 /
Link:
 
Section:
 /97
SubPart:
 /F
Tag:
 /40.97
Article Type:
 /DRUG

                (a) As a laboratory, you must report the results for each primary specimen.  The result of a primary specimen will fall into one of the following three categories.  However, as a laboratory, you must report the actual results (and not the categories):

(1) Category 1:  Negative Results.  As a laboratory, when you find a specimen to be negative, you must report the test result as being one of the following, as appropriate:

(i) Negative, or

(ii) Negative-dilute, with numerical values for creatinine and specific gravity.

(2) Category 2:  Non-negative Results.  As a laboratory, when you find a specimen to be non-negative, you must report the test result as being one or more of the following, as appropriate:

(i) Positive, with drug(s)/metabolite(s) noted, with numerical values for the drug(s) or drug metabolites(s).

(ii) Positive-dilute, with drug(s)/metabolite(s) noted, with numerical values for the drug(s) or drug metabolites(s) and with numerical values for creatinine and specific gravity;

(iii) Adulterated, with adulterant(s) noted, with confirmatory test values (when applicable), and with remarks(s);

(iv) Substituted, with confirmatory test values for creatinine and specific gravity; or

(v) Invalid result, with remark(s).  Laboratories will report actual values for pH results.

(3) Category 3: Rejected for Testing.  As a laboratory, when you reject a specimen for testing, you must report the result as being Rejected for Testing, with remark(s).

(b) As a laboratory, you must report laboratory results directly, and only, to the MRO at his or her place of business. You must not report results to or through the DER or a service agent (e.g., C/TPA).

(1) Negative results: You must fax, courier, mail, or electronically transmit a legible image or copy of the fully-completed Copy 1 of the CCF which has been signed by the certifying scientist, or you may provide the laboratory results report electronically (i.e., computer data file).

(i) If you elect to provide the laboratory results report, you must include the following elements, as a minimum, in the report format:

(A) Laboratory name and address;

(B) Employer’s name (you may include I.D. or account number);

(C) Medical review officer’s name;

(D) Specimen I.D. number;

(E) Donor’s SSN or employee I.D. number, if provided;

(F) Reason for test, if provided;

(G) Collector’s name and telephone number;

(H) Date of the collection;

(I) Date received at the laboratory;

(J) Date certifying scientist released the results;

(K) Certifying scientist’s name;

(L) Results (e.g., positive, adulterated) as listed in paragraph (a) of this section; and

(M) Remarks section, with an explanation of any situation in which a correctable flaw has been corrected.

(ii) You may release the laboratory results report only after review and approval by the certifying scientist. It must reflect the same test result information as contained on the CCF signed by the certifying scientist. The information contained in the laboratory results report may not contain information that does not appear on the CCF.

(iii) The results report may be transmitted through any means that ensures accuracy and confidentiality. You, as the laboratory, together with the MRO, must ensure that the information is adequately protected from unauthorized access or release, both during transmission and in storage.

(2) Non-negative and Rejected for Testing results: You must fax, courier, mail, or electronically transmit a legible image or copy of the fully-completed Copy 1 of the CCF that has been signed by the certifying scientist. In addition, you may provide the electronic laboratory results report following the format and procedures set forth in paragraphs (b)(1)(i) and (ii) of this section.

(c) In transmitting laboratory results to the MRO, you, as the laboratory, together with the MRO, must ensure that the information is adequately protected from unauthorized access or release, both during transmission and in storage. If the results are provided by fax, the fax connection must have a fixed telephone number accessible only to authorized individuals.

(d) You must transmit test results to the MRO in a timely manner, preferably the same day that review by the certifying scientist is completed.

(e)(1) You must provide quantitative values for confirmed positive drug test results to the MRO when the MRO requests you to do so in writing. The MRO’s request may be either a general request covering all such results you send to the MRO or a specific case-by-case request.

(2) You must provide numerical values that support the adulterated (when applicable) or substituted result, without a request from the MRO.

(3) You must also provide the MRO numerical values for creatinine and specific gravity for the negative-dilute test result, without a request from the MRO.

(f) You must provide quantitative values for confirmed opiate results for morphine or codeine at 15,000 ng/mL or above, even if the MRO has not requested quantitative values for the test result.

Categories: Ask DOTti, General
Question ID:
 /412
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

No, each manufacturer has its own technique to build the sensor and case.  Intoximeters uses a patented case design that allows for not only faster cleanup after use, but also the highest degree of accuracy and stability in the industry.

Categories: Fuel Cells, General
Question ID:
 /41
Link Title:
 /
Link:
 
Section:
 /99
SubPart:
 /F
Tag:
 /40.99
Article Type:
 /DRUG

(a) As a laboratory testing the primary specimen, you must retain a specimen that was reported with positive, adulterated, substituted, or invalid results for a minimum of one year.
(b) You must keep such a specimen in secure, long-term, frozen storage in accordance with HHS requirements.
(c) Within the one-year period, the MRO, the employee, the employer, or a DOT agency may request in writing that you retain a specimen for an additional period of time (e.g., for the purpose of preserving evidence for litigation or a safety investigation). If you receive such a request, you must comply with it.If you do not receive such a request, you may discard the specimen at the end of the year.
(d) If you have not sent the split specimen to another laboratory for testing, you must retain the split specimen for an employee`s test for the same period of time that you retain the primary specimen and under the same storage conditions.
(e) As the laboratory testing the split specimen, you must meet the requirements of paragraphs (a) through (d) of this section with respect to the split specimen.

Categories: Ask DOTti, General
Question ID:
 /413
Link Title:
 /Catalog of Commonly Ordered Supplies
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

Yes.  Click Here to print out a copy of the form.

Question ID:
 /42
Link Title:
 /
Link:
 
Section:
 /101
SubPart:
 /F
Tag:
 /40.101
Article Type:
 /DRUG

(a) As a laboratory, you may not enter into any relationship with an MRO that creates a conflict of interest or the appearance of a conflict of interest with the MRO`s responsibilities for the employer.You may not derive any financial benefit by having an employer use a specific MRO.
(b) The following are examples of relationships between laboratories and MROs that the Department regards as creating conflicts of interest, or the appearance of such conflicts. This following list of examples is not intended to be exclusive or exhaustive:
(1) The laboratory employs an MRO who reviews test results produced by the laboratory;
(2) The laboratory has a contract or retainer with the MRO for the review of test results produced by the laboratory;
(3) The laboratory designates which MRO the employer is to use, gives the employer a slate of MROs from which to choose, or recommends certain MROs;
(4) The laboratory gives the employer a discount or other incentive to use a particular MRO;
(5) The laboratory has its place of business co-located with that of an MRO or MRO staff who review test results produced by the laboratory; or
(6) The laboratory permits an MRO, or an MRO`s organization, to have a financial interest in the laboratory.

Categories: Ask DOTti, General
Question ID:
 /414
Link Title:
 /DOT Operating Agency Contact Information
Link:
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

No. But an employer may choose to conduct preemployment alcohol tests (unless under US Coast Guard or RSPA rules) under DOT authority if the following conditions are met: Testing is accomplished for all applicants, the testing must occur after the employee has been told s/he has the job if the test is passed, and the testing must comply with DOT regulations in 49 CFR Part 40.

Information about the reasons for which employers perform alcohol tests on their employees is contained in the regulations for the specific operating agency that governs the employer.

Question ID:
 /415
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

No.  Even mouthwash containing alcohol will dissipate from the mouth after a 15 minute deprivation period.

Question ID:
 /416
Link Title:
 /Alcohol and the Human Body
Link:
Section:
 /Pharmacology
SubPart:
 /Elimination
Tag:
 /
Article Type:
 /

Not to a degree that would be noticeable to the user.

Categories: General, Pharmacology
Question ID:
 /45
Link Title:
 /
Link:
 
Section:
 /107
SubPart:
 /F
Tag:
 /40.107
Article Type:
 /DRUG

As a laboratory, you must permit an inspection, with or without prior notice, by ODAPC, a DOT agency, or a DOT-regulated employer that contracts with the laboratory for drug testing under the DOT drug testing program, or the designee of such an employer.

Categories: Ask DOTti, General
Question ID:
 /417
Link Title:
 /Contact Us
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Yes. One of our representatives would be glad to speak with you about our products, services, and training programs. Please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Categories: General, Ordering
Question ID:
 /46
Link Title:
 /
Link:
 
Section:
 /109
SubPart:
 /F
Tag:
 /40.109
Article Type:
 /DRUG

(a) As a laboratory, you must retain all records pertaining to each employee urine specimen for a minimum of two years.
(b) As a laboratory, you must also keep for two years employer-specific data required in §40.111 .
(c) Within the two-year period, the MRO, the employee, the employer, or a DOT agency may request in writing that you retain the records for an additional period of time (e.g., for the purpose of preserving evidence for litigation or a safety investigation).If you receive such a request, you must comply with it.If you do not receive such a request, you may discard the records at the end of the two-year period.

Categories: Ask DOTti, General
Question ID:
 /418
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

Screening Tests under the U.S. DOT Transportation Workplace Drug and Alcohol Testing Program Procedures are meant to reduce the amount of time needed to conduct alcohol tests given that the vast majority of such tests result in a negative response. Once a donor or subject has been identified the Collector needs to complete Steps 1 and 2 on the Alcohol Testing Form before administering the test. Screening tests can be conducted with any instrument listed on the Conforming Products List for Alcohol Screening Devices or the Conforming Products List for Evidential Breath Testing Instruments by the U.S. DOT.

Confirmation tests are only required after a screening test result of .020 BrAC or greater and a 15 minute observation period. Confirmation tests require that an air blank be performed prior to the donor’s sample to ensure that no alcohol remains in the sampling system of the instrument and that a printout of the result be produced. The confirmation result is the final, evidential result for the donor.  See  the DOT procedures in 49 CFR Part 40 for a complete explanation. Confirmation tests must be conducted with an instrument listed on DOT’s Conforming Products List (CPL) for Evidential Breath Testing Instruments AND must also meet additional requirements listed in 49 CFR Part 40.231.

Intoximeters offers systems that meet both requirements above, such as the Alco-Sensor® VXL, RBT VXL, Alco-Sensor® IV, Alcomonitor CC, or Intox EC/IR® II instruments. In addition, these products can be ordered with software specific to the requirements of U.S. DOT Transportation Workplace Testing Program that will guide the collector through the testing process from screening test to final confirmation test result to ensure that the minimum requirements for a successful test sequence have been met. More information on these products can be found here.

In addition to a wide range of evidential grade breath alcohol products, Intoximeters offers specific training courses for collectors involved with  Workplace Alcohol Testing under U.S. DOT guidelines or under company policy. To learn more about Intoximeters training courses, click here .

Categories: DOT, General
Question ID:
 /47
Link Title:
 /
Link:
 
Section:
 /111
SubPart:
 /F
Tag:
 /40.111
Article Type:
 /DRUG

(a) As a laboratory, you must transmit an aggregate statistical summary, by employer, of the data listed in Appendix Bto this part to the employer on a semi-annual basis.
(1) The summary must not reveal the identity of any employee.
(2) In order to avoid sending data from which it is likely that information about an employee`s test result can be readily inferred, you must not send a summary if the employer has fewer than five aggregate tests results.
(3) The summary must be sent by January 20 of each year for July 1 through December 31 of the prior year.
(4) The summary must also be sent by July 20 of each year for January 1 through June 30 of the current year.
(b) When the employer requests a summary in response to an inspection, audit, or review by a DOT agency, you must provide it unless the employer had fewer than five aggregate test results.In that case, you must send the employer a report indicating that not enough testing was conducted to warrant a summary.You may transmit the summary or report by hard copy, fax, or other electronic means.
(c) You must also release information to appropriate parties as provided in §§40.329 and 40.331.
(d) As a laboratory, you must transmit an aggregate statistical summary of the data listed in Appendix C to this part to DOT on a semi-annual basis. The summary must be sent by January 31 of each year for July 1 through December 31 or the prior year; it must be sent by July 31 of each year for January 1 through June 30 of the current year.

Categories: Ask DOTti, General
Question ID:
 /419
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Yes.

Categories: Fuel Cells, General
Question ID:
 /48
Link Title:
 /
Link:
 
Section:
 /113
SubPart:
 /F
Tag:
 /40.113
Article Type:
 /DRUG

You can find more information concerning laboratories in several sections of this part:
§40.3 – definition.
§40.13 – prohibition on making specimens available for other purposes.
§40.31 – conflicts of interest concerning collectors.
§40.47 – laboratory rejections of test for improper form.
§40.125 – conflicts of interest concerning MROs.
§40.175 – role of first laboratory in split specimen tests.
§40.177 – role of second laboratory in split specimen tests (drugs).
§40.179 – role of second laboratory in split specimen tests (adulterants).
§40.181 – role of second laboratory in split specimen tests (substitution).
§§40.183 – 40.185 – transmission of split specimen test results to MRO.
§§40.201 – 40.205 – role in correcting errors.
§40.329 – release of information to employees.
§40.331 – limits on release of information.
§40.355 – role with respect to other service agents.

Categories: Ask DOTti, General
Question ID:
 /420
Link Title:
 /Shipping & Tax Information
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

We calculate our standard ground shipping charges based on the amount of your order.  View Shipping & Tax Information

Items designated as hazardous (HAZ MAT) will incur additional charges. Expedited shipping is available upon request; additional charges will be added to your invoice.

Question ID:
 /49
Link Title:
 /
Link:
 
Section:
 /121
SubPart:
 /G
Tag:
 /40.121
Article Type:
 /DRUG

                To be qualified to act as an MRO in the DOT drug testing program, you must meet each of the requirements of this section:

 

(a) Credentials. You must be a licensed physician (Doctor of Medicine or Osteopathy). If you are a licensed physician in any U.S., Canadian, or Mexican jurisdiction and meet the other requirements of this section, you are authorized to perform MRO services with respect to all covered employees, wherever they are located. For example, if you are licensed as an M.D. in one state or province in the U.S., Canada, or Mexico, you are not limited to performing MRO functions in that state or province, and you may perform MRO functions for employees in other states or provinces without becoming licensed to practice medicine in the other jurisdictions.

 

(b) Basic knowledge. You must be knowledgeable in the following areas:

 

(1) You must be knowledgeable about and have clinical experience in controlled substances abuse disorders, including detailed knowledge of alternative medical explanations for laboratory confirmed drug test results.

 

(2) You must be knowledgeable about issues relating to adulterated and substituted specimens as well as the possible medical causes of specimens having an invalid result.

 

(3) You must be knowledgeable about this part, the DOT MRO Guidelines, and the DOT agency regulations applicable to the employers for whom you evaluate drug test results, and you must keep current on any changes to these materials. You must subscribe to the ODAPC list-serve at https://www.transportation.gov/odapc/get-odapc-email-updates. DOT agency regulations, DOT MRO Guidelines, and other materials are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-366-3784), or on the ODAPC Web site (http://www.transportation.gov/odapc).

 

(c) Qualification training. You must receive qualification training meeting the requirements of this paragraph (c).

 

(1) Qualification training must provide instruction on the following subjects:

 

(i) Collection procedures for urine specimens;

 

(ii) Chain of custody, reporting, and recordkeeping;

 

(iii) Interpretation of drug and validity tests results;

 

(iv) The role and responsibilities of the MRO in the DOT drug testing program;

 

(v) The interaction with other participants in the program (e.g., DERs, SAPs); and

 

(vi) Provisions of this part and DOT agency rules applying to employers for whom you review test results, including changes and updates to this part and DOT agency rules, guidance, interpretations, and policies affecting the performance of MRO functions, as well as issues that MROs confront in carrying out their duties under this part and DOT agency rules.

 

(2) Following your completion of qualification training under paragraph (c)(1) of this section, you must satisfactorily complete an examination administered by a nationally-recognized MRO certification board or subspecialty board for medical practitioners in the field of medical review of DOT-mandated drug tests. The examination must comprehensively cover all the elements of qualification training listed in paragraph (c)(1) of this section.

 

(3) You must meet the requirements of paragraphs (a), (b), and (c) of this section before you begin to perform MRO functions.

 

(d) Requalification training. During each five-year period from the date on which you satisfactorily completed the examination under paragraph (c)(2) of this section, you must complete requalification training.

 

(e) Documentation. You must maintain documentation showing that you currently meet all requirements of this section. You must provide this documentation on request to DOT agency representatives and to employers and C/TPAs who are using or negotiating to use your services.

 

Categories: Ask DOTti, General
Question ID:
 /421
Link Title:
 /49 CFR Part 40
Link:
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

To access Federal Register documents via the Internet:

1. Go to the U.S. Government Printing Office

2. Contact the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) at 202-366-3784. ODAPC`s website

3. Attend an Intoximeters Breath Alcohol Technician Training course.  Training Classes

Question ID:
 /50
Link Title:
 /
Link:
 
Section:
 /123
SubPart:
 /G
Tag:
 /40.123
Article Type:
 /DRUG

As an MRO, you have the following basic responsibilities:
(a) Acting as an independent and impartial “gatekeeper” and advocate for the accuracy and integrity of the drug testing process.
(b) Providing a quality assurance review of the drug testing process for the specimens under your purview.This includes, but is not limited to:
(1) Ensuring the review of the CCF on all specimen collections for the purposes of determining whether there is a problem that may cause a test to be cancelled (see §§40.199 – 40.203 ). As an MRO, you are not required to review laboratory internal chain of custody documentation.No one is permitted to cancel a test because you have not reviewed this documentation;
(2) Providing feedback to employers, collection sites and laboratories regarding performance issues where necessary; and
(3) Reporting to and consulting with the ODAPC or a relevant DOT agency when you wish DOT assistance in resolving any program issue. As an employer or service agent, you are prohibited from limiting or attempting to limit the MRO`s access to DOT for this purpose and from retaliating in any way against an MRO for discussing drug testing issues with DOT.
(c) You must determine whether there is a legitimate medical explanation for confirmed positive, adulterated, substituted, and invalid drug tests results from the laboratory.
(d) While you provide medical review of employees` test results, this part does not deem that you have established a doctor-patient relationship with the employees whose tests you review.
(e) You must act to investigate and correct problems where possible and notify appropriate parties (e.g., HHS, DOT, employers, service agents) where assistance is needed, (e.g., cancelled or problematic tests, incorrect results).
(f) You must ensure the timely flow of test results and other information to employers.
(g) You must protect the confidentiality of the drug testing information.
(h) You must perform all your functions in compliance with this part and other DOT agency regulations.

Categories: Ask DOTti, General
Question ID:
 /422
Link Title:
 /Fuel Cell Technology
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

No.  Intoximeters instruments use a fuel cell as the primary analytical sensor and the fuel cell sensor only responds to alcohol on the human breath.

Question ID:
 /51
Link Title:
 /
Link:
 
Section:
 /125
SubPart:
 /G
Tag:
 /40.125
Article Type:
 /DRUG

As an MRO, you may not enter into any relationship with an employer`s laboratory that creates a conflict of interest or the appearance of a conflict of interest with your responsibilities to that employer.You may not derive any financial benefit by having an employer use a specific laboratory. For examples of relationships between laboratories and MROs that the Department views as creating a conflict of interest or the appearance of such a conflict, see §40.101(b) .

Categories: Ask DOTti, General
Question ID:
 /423
Link Title:
 /Ordering Supplies
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Sales can be made directly with Intoximeters as long as your purchase is for use within the United States. For customers located outside of the United States, all instrument and supply purchases should be made through one of our network of regional distributors or by contacting our International Sales Department.

Should you need additional information, please visit Contact Us via our website at to find your local representative or dealer or contact the Customer Service Department at 1-314-429-4000.

Categories: General, Ordering
Question ID:
 /52
Link Title:
 /
Link:
 
Section:
 /127
SubPart:
 /G
Tag:
 /40.127
Article Type:
 /DRUG

As the MRO, you must do the following with respect to negative drug test results you receive from a laboratory, prior to verifying the result and releasing it to the DER:
(a) Review Copy 2 of the CCF to determine if there are any fatal or correctable errors that may require you to initiate corrective action or to cancel the test (see §§40.199 and 40.203 ).
(b) Review the negative laboratory test result and ensure that it is consistent with the information contained on the CCF.
(c) Before you report a negative test result, you must have in your possession the following documents:
(1) Copy 2 of the CCF, a legible copy of it, or any other CCF copy containing the employee`s signature; and
(2) A legible copy (fax, photocopy, image) of Copy 1 of the CCF or the electronic laboratory results report that conveys the negative laboratory test result.
(d) If the copy of the documentation provided to you by the collector or laboratory appears unclear, you must request that the collector or laboratory send you a legible copy.
(e) On Copy 2 of the CCF, place a check mark in the “Negative” box (Step 6), provide your name, and sign, initial, or stamp and date the verification statement.
(f) Report the result in a confidential manner (see §§40.163 – 40.167).
(g) Staff under your direct, personal supervision may perform the administrative functions of this section for you, but only you can cancel a test.If you cancel a laboratory-confirmed negative result, check the “Test Cancelled” box (Step 6) on Copy 2 of the CCF, make appropriate annotation in the “Remarks” line, provide your name, and sign, initial or stamp and date the verification statement.
(1) On specimen results that are reviewed by your staff, you are responsible for assuring the quality of their work.
(2) You are required to personally review at least 5 percent of all CCFs reviewed by your staff on a quarterly basis, including all results that required a corrective action. However, you need not review more than 500 negative results in any quarter.
(3) Your review must, as a minimum, include the CCF, negative laboratory test result, any accompanying corrective documents, and the report sent to the employer.You must correct any errors that you discover.You must take action as necessary to ensure compliance by your staff with this part and document your corrective action. You must attest to the quality assurance review by initialing the CCFs that you review.
(4) You must make these CCFs easily identifiable and retrievable by you for review by DOT agencies.

Categories: Ask DOTti, General
Question ID:
 /424
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Pressurized dry gas standards are considered HAZMAT and you will, at a minimum, have to empty the tank before disposal.  Different states have different laws on the disposal of such canisters.  You can try contacting your local waste or sanitation company to determine the requirements in your state.

Alternatively, you can contact your state’s Solid Waste Management Office and ask for your local guidelines. You may follow the link below to the EPA Government website to get your state contact information.

You may also follow this link Tank Disposal for more instructions.

Question ID:
 /53
Link Title:
 /
Link:
 
Section:
 /129
SubPart:
 /G
Tag:
 /40.129
Article Type:
 /DRUG

(a) As the MRO, you must do the following with respect to confirmed positive, adulterated, substituted, or invalid drug tests you receive from a laboratory, before you verify the result and release it to the DER:
(1) Review Copy 2 of the CCF to determine if there are any fatal or correctable errors that may require you to cancel the test (see §§40.199 and 40.203).Staff under your direct, personal supervision may conduct this administrative review for you, but only you may verify or cancel a test.
(2) Review Copy 1 of the CCF and ensure that it is consistent with the information contained on Copy 2, that the test result is legible, and that the certifying scientist signed the form.You are not required to review any other documentation generated by the laboratory during their analysis or handling of the specimen (e.g., the laboratory internal chain of custody).
(3) If the copy of the documentation provided to you by the collector or laboratory appears unclear, you must request that the collector or laboratory send you a legible copy.
(4) Except in the circumstances spelled out in §40.133, conduct a verification interview.This interview must include direct contact in person or by telephone between you and the employee. You may initiate the verification process based on the laboratory results report.
(5) Verify the test result, consistent with the requirements of §§40.135 through 40.145, 40.159, and 40.160, as:
(i) Negative; or
(ii) Cancelled; or
(iii) Positive, and/or refusal to test because of adulteration or substitution.
(b) Before you report a verified negative, positive, test cancelled, refusal to test because of adulteration or substitution, you must have in your possession the following documents:
(1) Copy 2 of the CCF, a legible copy of it, or any other CCF copy containing the employee`s signature; and
(2) A legible copy (fax, photocopy, image) of Copy 1 of the CCF, containing the certifying scientist`s signature.
(c) With respect to verified positive test results, place a check mark in the “Positive” box (Step 6) on Copy 2 of the CCF, indicate the drug(s)/ metabolite(s) detected on the “Remarks” line, sign and date the verification statement.
(d) If you cancel a laboratory confirmed positive, adulterated, substituted, or invalid drug test report, check the “test cancelled” box (Step 6) on Copy 2 of the CCF, make appropriate annotation in the “Remarks” line, sign, provide your name and date of the verification statement.
(e) Report the result in a confidential manner (see §§40.163 – 40.167).
(f) With respect to adulteration or substitution test results, check the “refusal to test because:” box(Step 6) on Copy 2 of the CCF, check the “Adulterated” or “Substituted” box, as appropriate, make appropriate annotation in the “Remarks” line, sign and date the verification statement.
(g) As the MRO, your actions concerning reporting confirmed positive, adulterated, or substituted results to the employer before you have completed the verification process are also governed by the stand-down provisions of §40.21.
(1) If an employer has a stand-down policy that meets the requirements of §40.21, you may report to the DER that you have received an employee`s laboratory confirmed positive, adulterated, or substituted test result, consistent with the terms of the waiver the employer received. You must not provide any further details about the test result (e.g., the name of the drug involved).
(2) If the employer does not have a stand-down policy that meets the requirements of §40.21, you must not inform the employer that you have received an employee`s laboratory confirmed positive, adulterated, or substituted test result until you verify the test result.For example, as an MRO employed directly by a company, you must not tell anyone on the company`s staff or management that you have received an employee`s laboratory confirmed test result.

Categories: Ask DOTti, General
Question ID:
 /425
Link Title:
 /Alcohol Metabolism
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /NULL
Article Type:
 /NULL

Yes, if they had a high enough alcohol concentration on the previous night that their body has not had time to metabolize it all.

Question ID:
 /54
Link Title:
 /
Link:
 
Section:
 /131
SubPart:
 /G
Tag:
 /40.131
Article Type:
 /DRUG

                (a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result. In making this contact, you must explain to the employee that, if he or she declines to discuss the result, you will verify the test as positive or as a refusal to test because of adulteration or substitution, as applicable.

(b) As the MRO, staff under your personal supervision may conduct this initial contact for you.

(1) This staff contact must be limited to scheduling the discussion between you and the employee and explaining the consequences of the employee’s declining to speak with you (i.e., that the MRO will verify the test without input from the employee). If the employee declines to speak with you, the staff person must document the employee’s decision, including the date and time.

(2) A staff person must not gather any medical information or information concerning possible explanations for the test result.

(3) A staff person may advise an employee to have medical information (e.g., prescriptions, information forming the basis of a legitimate medical explanation for a confirmed positive test result) ready to present at the interview with the MRO.

(4) Since you are required to speak personally with the employee, face-to-face or on the phone, your staff must not inquire if the employee wishes to speak with you.

(c) As the MRO, you or your staff must make reasonable efforts to reach the employee at the day and evening telephone numbers listed on the CCF. Reasonable efforts include, as a minimum, three attempts, spaced reasonably over a 24-hour period, to reach the employee at the day and evening telephone numbers listed on the CCF. If you or your staff cannot reach the employee directly after making these efforts, you or your staff must take the following steps:

(1) Document the efforts you made to contact the employee, including dates and times. If both phone numbers are incorrect (e.g., disconnected, wrong number), you may take the actions listed in paragraph (c)(2) of this section without waiting the full 24-hour period.

(2) Contact the DER, instructing the DER to contact the employee.

(i) You must simply direct the DER to inform the employee to contact you.

(ii) You must not inform the DER that the employee has a confirmed positive, adulterated, substituted, or invalid test result.

(iii) You must document the dates and times of your attempts to contact the DER, and you must document the name of the DER you contacted and the date and time of the contact.

(d) As the DER, you must attempt to contact the employee immediately, using procedures that protect, as much as possible, the confidentiality of the MRO’s request that the employee contact the MRO. If you successfully contact the employee (i.e., actually talk to the employee), you must document the date and time of the contact, and inform the MRO. You must inform the employee that he or she should contact the MRO immediately. You must also inform the employee of the consequences of failing to contact the MRO within the next 72 hours (see §40.133(a)(2)).

(1) As the DER, you must not inform anyone else working for the employer that you are seeking to contact the employee on behalf of the MRO.

(2) If, as the DER, you have made all reasonable efforts to contact the employee but failed to do so, you may place the employee on temporary medically unqualified status or medical leave. Reasonable efforts include, as a minimum, three attempts, spaced reasonably over a 24-hour period, to reach the employee at the day and evening telephone numbers listed on the CCF.

(i) As the DER, you must document the dates and times of these efforts.

(ii) If, as the DER, you are unable to contact the employee within this 24-hour period, you must leave a message for the employee by any practicable means (e.g., voice mail, e-mail, letter) to contact the MRO and inform the MRO of the date and time of this attempted contact.

Categories: Ask DOTti, General
Question ID:
 /426
Link Title:
 /Current CPL
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

It is important to understand that just because an instrument is listed on the U.S. DOT/NHTSA Evidential Conforming Products List (CPL), does not mean it meets all requirements for DOT workplace testing.   The U.S. DOT has placed several additional requirements for confirmation tests in 49 CFR Part 40.231, including that the device must provide a printed triplicate result (or three consecutive identical copies of a result) for each breath test.

Though all of Intoximeters instruments are approved on the Evidential CPL, the following systems meet the requirements for both screening and confirmation testing:  Alco-Sensor VXL, RBTVXL, Alco-Sensor IV with @Work Software, Alco-Sensor IV with Memory, Alco-Sensor IV/RBTIVAlcomonitor CC. and Intox EC/IR II.

To discuss your instrument needs please contact the Customer Service Department or your regional sales representative.  Click Here for contact information.

Categories: DOT, General
Question ID:
 /55
Link Title:
 /
Link:
 
Section:
 /133
SubPart:
 /G
Tag:
 /40.133
Article Type:
 /DRUG

(a) As the MRO, you normally may verify a confirmed positive test (for any drug or drug metabolite, including opiates), or as a refusal to test because of adulteration or substitution, only after interviewing the employee as provided in §§40.135 – 40.145 .However, there are three circumstances in which you may verify such a result without an interview:
(1) You may verify a test result as a positive or refusal to test, as applicable, if the employee expressly declines the opportunity to discuss the test with you.You must maintain complete documentation of this occurrence, including notation of informing, or attempting to inform, the employee of the consequences of not exercising the option to speak with you.
(2) You may verify a test result as a positive or refusal to test, as applicable, if the DER has successfully made and documented a contact with the employee and instructed the employee to contact you and more than 72 hours have passed since the time the DER contacted the employee.
(3) You may verify a test result as a positive or refusal to test, as applicable, if neither you nor the DER, after making and documenting all reasonable efforts, has been able to contact the employee within ten days of the date on which the MRO receives the confirmed test result from the laboratory.
(b) As the MRO, you may verify an invalid test result as cancelled (with instructions to recollect immediately under direct observation) without interviewing the employee, as provided at §40.159:
(1) If the employee expressly declines the opportunity to discuss the test with you;
(2) If the DER has successfully made and documented a contact with the employee and instructed the employee to contact you and more than 72 hours have passed since the time the DER contacted the employee; or
(3) If neither you nor the DER, after making and documenting all reasonable efforts, has been able to contact the employee within ten days of the date on which you received the confirmed invalid test result from the laboratory.
(c) As the MRO, after you verify a test result as a positive or as a refusal to test under this section, you must document the date and time and reason, following the instructions in §§40.163. For a cancelled test due to an invalid result under this section, you must follow the instructions in §40.159(a)(5).
(d) As the MRO, after you have verified a test result under this section and reported the result to the DER, you must allow the employee to present information to you within 60 days of the verification to document that serious illness, injury, or other circumstances unavoidably precluded contact with the MRO and/or DER in the times provided. On the basis of such information, you may reopen the verification, allowing the employee to present information concerning whether there is a legitimate medical explanation of the confirmed test result.

Categories: Ask DOTti, General
Question ID:
 /427
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Yes, the Intox EC/IR as well as the Alco Sensor IV / RBT IV are widely used for evidential testing.  Most recently, the Alco-Sensor VXL @Point of Arrest System is being introduced as a roadside evidential system.

Categories: Fuel Cells, General
Question ID:
 /56
Link Title:
 /
Link:
 
Section:
 /135
SubPart:
 /G
Tag:
 /40.135
Article Type:
 /DRUG

(a) As the MRO, you must tell the employee that the laboratory has determined that the employee`s test result was positive, adulterated, substituted, or invalid, as applicable.You must also tell the employee of the drugs for which his or her specimen tested positive, or the basis for the finding of adulteration or substitution.
(b) You must explain the verification interview process to the employee and inform the employee that your decision will be based on information the employee provides in the interview.
(c) You must explain that, if further medical evaluation is needed for the verification process, the employee must comply with your request for this evaluation and that failure to do so is equivalent of expressly declining to discuss the test result.
(d) As the MRO, you must warn an employee who has a confirmed positive, adulterated, substituted or invalid test that you are required to provide to third parties drug test result information and medical information affecting the performance of safety-sensitive duties that the employee gives you in the verification process without the employee`s consent (see §40.327).
(1) You must give this warning to the employee before obtaining any medical information as part of the verification process.
(2) For purposes of this paragraph (d), medical information includes information on medications or other substances affecting the performance of safety-sensitive duties that the employee reports using or medical conditions the employee reports having.
(3) For purposes of this paragraph (d), the persons to whom this information may be provided include the employer, a SAP evaluating the employee as part of the return to duty process (see §40.293(g)), DOT, another Federal safety agency (e.g., the NTSB), or any state safety agency as required by state law.
(e) You must also advise the employee that, before informing any third party about any medication the employee is using pursuant to a legally valid prescription consistent with the Controlled Substances Act, you will allow 5 business days from the date you report the verified negative result for the employee to have the prescribing physician contact you to determine if the medication can be changed to one that does not make the employee medically unqualified or does not pose a significant safety risk. If, in your reasonable medical judgment, a medical qualification issue or a significant safety risk remains after you communicate with the employee’s prescribing physician or after 5 business days, whichever is shorter, you must follow §40.327. If, as the MRO, you receive information that eliminates the medical qualification issue or significant safety risk, you must transmit this information to any third party to whom you previously provided information under §40.327.

Categories: Ask DOTti, General
Question ID:
 /428
Link Title:
 /
Link:
 
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

Applicable state, county, and/or municipal sales tax will be added to your invoice.

Question ID:
 /57
Link Title:
 /
Link:
 
Section:
 /137
SubPart:
 /G
Tag:
 /40.137
Article Type:
 /DRUG

(a) As the MRO, you must verify a confirmed positive test result for marijuana, cocaine, amphetamines, semi-synthetic opioids (i.e., hydrocodone, hydromorphone, oxycodone, and oxymorphone), and/or PCP unless the employee presents a legitimate medical explanation for the presence of the drug(s)/metabolite(s) in his or her system. In determining whether an employee’s legally valid prescription consistent with the Controlled Substances Act for a substance in these categories constitutes a legitimate medical explanation, you must not question whether the prescribing physician should have prescribed the substance.
(b) You must offer the employee an opportunity to present a legitimate medical explanation in all cases.
(c) The employee has the burden of proof that a legitimate medical explanation exists.The employee must present information meeting this burden at the time of the verification interview. As the MRO, you have discretion to extend the time available to the employee for this purpose for up to five days before verifying the test result, if you determine that there is a reasonable basis to believe that the employee will be able to produce relevant evidence concerning a legitimate medical explanation within that time.
(d) If you determine that there is a legitimate medical explanation, you must verify the test result as negative.Otherwise, you must verify the test result as positive.
(e) In determining whether a legitimate medical explanation exists, you may consider the employee`s use of a medication from a foreign country.You must exercise your professional judgment consistently with the following principles:
(1) There can be a legitimate medical explanation only with respect to a substance that is obtained legally in a foreign country.
(2) There can be a legitimate medical explanation only with respect to a substance that has a legitimate medical use.Use of a drug of abuse (e.g., heroin, PCP, marijuana) or any other substance (see §40.151(f) and (g)) that cannot be viewed as having a legitimate medical use can never be the basis for a legitimate medical explanation, even if the substance is obtained legally in a foreign country.
(3) Use of the substance can form the basis of a legitimate medical explanation only if it is used consistently with its proper and intended medical purpose.
(4) Even if you find that there is a legitimate medical explanation under this paragraph (e) and verify a test negative, you may have a responsibility to raise fitness-for-duty considerations with the employer (see §40.327 ).

Categories: Ask DOTti, General
Question ID:
 /429
Link Title:
 /Where is this Information in the Federal Register?
Link:
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

The DOT Alcohol Testing Form (ATF) includes a statement notifying the employee that the test is being conducted under the authority of DOT regulations. For this reason DOT states, “Employers are not permitted to use the DOT form for a test not conducted under DOT authority”.

DOT employers are subject to audit by the DOT Operating Agency by which they are governed.  In the event of an audit, the employer may be required to produce all DOT test forms so the auditor can determine if the employer has been conducting DOT tests as required. If an employer mistakenly uses DOT BATFs for all testing, not just DOT-covered testing, the statistics for DOT reporting may be skewed. Errors such as these could subject an employer to sanctions due to non-compliance.

49 CFR Part 40.271 states that if the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control, that error may be corrected by a written statement from the BAT. The statement must include the reason the incorrect form was used and what steps have been taken to insure the error does not occur again.

Question ID:
 /58
Link Title:
 /
Link:
 
Section:
 /139
SubPart:
 /G
Tag:
 /40.139
Article Type:
 /DRUG

As the MRO, you must proceed as follows when you receive a laboratory confirmed positive opiate result:
(a) If the laboratory confirms the presence of 6-acetylmorphine (6-AM) in the specimen, you must verify the test result positive.
(b) In the absence of 6-AM, if the laboratory confirms the presence of either morphine or codeine at 15,000 ng/mL or above, you must verify the test result positive unless the employee presents a legitimate medical explanation for the presence of the drug or drug metabolite in his or her system, as in the case of other drugs (see §40.137). Consumption of food products (e.g., poppy seeds) must not be considered a legitimate medical explanation for the employee having morphine or codeine at these concentrations.
(c) For all other codeine and morphine positive results, you must verify a confirmed positive test result only if you determine that there is clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate, or opium derivative (i.e., morphine, codeine, or heroin).
(1) As an MRO, it is your responsibility to use your best professional and ethical judgement and discretion to determine whether there is clinical evidence of unauthorized use of opiates. Examples of information that you may consider in making this judgement include, but are not limited to, the following:
(i) Recent needle tracks;
(ii) Behavioral and psychological signs of acute opiate intoxication or withdrawal;
(iii) Clinical history of unauthorized use recent enough to have produced the laboratory test result;
(iv) Use of a medication from a foreign country. See §40.137(e) for guidance on how to make this determination.
(2) In order to establish the clinical evidence referenced in paragraphs (c)(1)(i) and (ii) of this section, personal observation of the employee is essential.
(i) Therefore, you, as the MRO, must conduct, or cause another physician to conduct, a face-to-face examination of the employee.
(ii) No face-to-face examination is needed in establishing the clinical evidence referenced in paragraph (c)(1)(iii) or (iv) of this section.
(3) To be the basis of a verified positive result for codeine or morphine, the clinical evidence you find must concern a drug that the laboratory found in the specimen. (For example, if the test confirmed the presence of codeine, and the employee admits to unauthorized use of hydrocodone, you must not verify the test positive for codeine. The admission must be for the substance that was found through the actual drug test.)
(4) As the MRO, you have the burden of establishing that there is clinical evidence of unauthorized use of opiates referenced in this paragraph (c).If you cannot make this determination (e.g., there is not sufficient clinical evidence or history), you must verify the test as negative. The employee does not need to show you that a legitimate medical explanation exists if no clinical evidence is established.

Categories: Ask DOTti, General
Question ID:
 /430
Link Title:
 /How to Define Zero Tolerance
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Any reading at or above the pre-defined level stated in your testing program’s policies or regulations.

Question ID:
 /59
Link Title:
 /
Link:
 
Section:
 /141
SubPart:
 /G
Tag:
 /40.141
Article Type:
 /DRUG

As the MRO, you must do the following as you make the determinations needed for a verification decision:
(a) You must conduct a medical interview.You must review the employee`s medical history and any other relevant biomedical factors presented to you by the employee.You may direct the employee to undergo further medical evaluation by you or another physician.
(b) If the employee asserts that the presence of a drug or drug metabolite in his or her specimen results from taking prescription medication (i.e., a legally valid prescription consistent with the Controlled Substances Act), you must review and take all reasonable and necessary steps to verify the authenticity of all medical records the employee provides. You may contact the employee’s physician or other relevant medical personnel for further information. You may request an HHS-certified laboratory with validated protocols (see §40.81(c)) to conduct testing for D,L stereoisomers of amphetamine and methamphetamine or testing for tetrahydrocannabivarin (THC- V) when verifying lab results, as you determine necessary.

Categories: Ask DOTti, General
Question ID:
 /431
Link Title:
 /
Link:
 
Section:
 /Training
SubPart:
 /
Tag:
 /
Article Type:
 /

The manufacturer of the EBT, a maintenance representative certified by the manufacturer or by a state health agency or other appropriate state agency (see 49 CFR Part 40.233 – “What are requirements for proper use an care of EBTs?” Subsection (c)(5).)

Question ID:
 /432
Link Title:
 /Product Information Request
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Yes. Intoximeters offers various instruments that will serve the needs for personal use. Our Buyer’s Guide will assist you with additional information and recommendations for a personal use instrument.

Should you have questions or need additional information on Intoximeters products, supplies, training, or service, please complete a Product Information Request or contact our Customer Service Department at [+1] (314) 429-4000.

Categories: General, Ordering
Question ID:
 /61
Link Title:
 /
Link:
 
Section:
 /145
SubPart:
 /G
Tag:
 /40.145
Article Type:
 /DRUG

                (a) As an MRO, when you receive a laboratory report that a specimen is adulterated or substituted, you must treat that report in the same way you treat the laboratory’s report of a confirmed positive test for a drug or drug metabolite.

(b) You must follow the same procedures used for verification of a confirmed positive test for a drug or drug metabolite (see §§40.129–40.135, 40.141, 40.151), except as otherwise provided in this section.

(c) In the verification interview, you must explain the laboratory findings to the employee and address technical questions or issues the employee may raise.

(d) You must offer the employee the opportunity to present a legitimate medical explanation for the laboratory findings with respect to presence of the adulterant in, or the creatinine and specific gravity findings for, the specimen.

(e) The employee has the burden of proof that there is a legitimate medical explanation.

(1) To meet this burden in the case of an adulterated specimen, the employee must demonstrate that the adulterant found by the laboratory entered the specimen through physiological means.

(2) To meet this burden in the case of a substituted specimen, the employee must demonstrate that he or she did produce or could have produced urine through physiological means, meeting the creatinine concentration criterion of less than 2 mg/dL and the specific gravity of less than or equal to 1.0010 or greater than or equal to 1.0200 (see §40.93(b)).

(3) The employee must present information meeting this burden at the time of the verification interview. As the MRO, you have discretion to extend the time available to the employee for this purpose for up to five days before verifying the specimen, if you determine that there is a reasonable basis to believe that the employee will be able to produce relevant evidence supporting a legitimate medical explanation within that time.

(f) As the MRO or the employer, you are not responsible for arranging, conducting, or paying for any studies, examinations or analyses to determine whether a legitimate medical explanation exists.

(g) As the MRO, you must exercise your best professional judgment in deciding whether the employee has established a legitimate medical explanation.

(1) If you determine that the employee’s explanation does not present a reasonable basis for concluding that there may be a legitimate medical explanation, you must report the test to the DER as a verified refusal to test because of adulteration or substitution, as applicable.

(2) If you believe that the employee’s explanation may present a reasonable basis for concluding that there is a legitimate medical explanation, you must direct the employee to obtain, within the five-day period set forth in paragraph (e)(3) of this section, a further medical evaluation. This evaluation must be performed by a licensed physician (the “referral physician”), acceptable to you, with expertise in the medical issues raised by the employee’s explanation. (The MRO may perform this evaluation if the MRO has appropriate expertise.)

(i) As the MRO or employer, you are not responsible for finding or paying a referral physician. However, on request of the employee, you must provide reasonable assistance to the employee’s efforts to find such a physician. The final choice of the referral physician is the employee’s, as long as the physician is acceptable to you.

(ii) As the MRO, you must consult with the referral physician, providing guidance to him or her concerning his or her responsibilities under this section. As part of this consultation, you must provide the following information to the referral physician:

(A) That the employee was required to take a DOT drug test, but the laboratory reported that the specimen was adulterated or substituted, which is treated as a refusal to test;

(B) The consequences of the appropriate DOT agency regulation for refusing to take the required drug test;

(C) That the referral physician must agree to follow the requirements of paragraphs (g)(3) through (g)(4) of this section; and

(D) That the referral physician must provide you with a signed statement of his or her recommendations.

(3) As the referral physician, you must evaluate the employee and consider any evidence the employee presents concerning the employee’s medical explanation. You may conduct additional tests to determine whether there is a legitimate medical explanation. Any additional urine tests must be performed in an HHS-certified laboratory.

(4) As the referral physician, you must then make a written recommendation to the MRO about whether the MRO should determine that there is a legitimate medical explanation. As the MRO, you must seriously consider and assess the referral physician’s recommendation in deciding whether there is a legitimate medical explanation.

(5) As the MRO, if you determine that there is a legitimate medical explanation, you must cancel the test and inform ODAPC in writing of the determination and the basis for it (e.g., referral physician’s findings, evidence produced by the employee).

(6) As the MRO, if you determine that there is not a legitimate medical explanation, you must report the test to the DER as a verified refusal to test because of adulteration or substitution.

(h) The following are examples of types of evidence an employee could present to support an assertion of a legitimate medical explanation for a substituted result.

(1) Medically valid evidence demonstrating that the employee is capable of physiologically producing urine meeting the creatinine and specific gravity criteria of §40.93(b) .

(i) To be regarded as medically valid, the evidence must have been gathered using appropriate methodology and controls to ensure its accuracy and reliability.

(ii) Assertion by the employee that his or her personal characteristics (e.g., with respect to race, gender, weight, diet, working conditions) are responsible for the substituted result does not, in itself, constitute a legitimate medical explanation. To make a case that there is a legitimate medical explanation, the employee must present evidence showing that the cited personal characteristics actually result in the physiological production of urine meeting the creatinine and specific gravity criteria of §40.93(b) .

(2) Information from a medical evaluation under paragraph (g) of this section that the individual has a medical condition that has been demonstrated to cause the employee to physiologically produce urine meeting the creatinine and specific gravity criteria of §40.93(b) .

(i) A finding or diagnosis by the physician that an employee has a medical condition, in itself, does not constitute a legitimate medical explanation.

(ii) To establish there is a legitimate medical explanation, the employee must demonstrate that the cited medical condition actually results in the physiological production of urine meeting the creatinine and specific gravity criteria of §40.93(b) .

Categories: Ask DOTti, General
Question ID:
 /433
Link Title:
 /Customer Service Website
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

If you own an Intoximeters instrument, please contact our Customer Service Department to request an appropriate QAP based on the instrument you own.

Interested in learning more about Intoximeters range of products for workplace alcohol testing needs?  Click here to view the wide range of solutions we offer.

Categories: DOT, General
Question ID:
 /63
Link Title:
 /
Link:
 
Section:
 /149
SubPart:
 /G
Tag:
 /40.149
Article Type:
 /DRUG

(a) As the MRO, you may change a verified test result only in the following situations:
(1) When you have reopened a verification that was done without an interview with an employee (see §40.133(d)).
(2) If you receive information, not available to you at the time of the original verification, demonstrating that the laboratory made an error in identifying (e.g., a paperwork mistake) or testing (e.g., a false positive or negative) the employee`s primary or split specimen.For example, suppose the laboratory originally reported a positive test result for Employee X and a negative result for Employee Y.You verified the test results as reported to you.Then the laboratory notifies you that it mixed up the two test results, and X was really negative and Y was really positive.You would change X`s test result from positive to negative and contact Y to conduct a verification interview.
(3) If, within 60 days of the original verification decision —
(i) You receive information that could not reasonably have been provided to you at the time of the decision demonstrating that there is a legitimate medical explanation for the presence of drug(s)/metabolite(s) in the employee`s specimen; or
(ii) You receive credible new or additional evidence that a legitimate medical explanation for an adulterated or substituted result exists.
Example to Paragraph (a)(3):If the employee`s physician provides you a valid prescription that he or she failed to find at the time of the original verification, you may change the test result from positive to negative if you conclude that the prescription provides a legitimate medical explanation for the drug(s)/ metabolite(s) in the employee`s specimen.
(4) If you receive the information in paragraph (a)(3) of this section after the 60-day period, you must consult with ODAPC prior to changing the result.
(5) When you have made an administrative error and reported an incorrect result.
(b) If you change the result, you must immediately notify the DER in writing, as provided in §§40.163 – 40.165.
(c) You are the only person permitted to change a verified test result, such as a verified positive test result or a determination that an individual has refused to test because of adulteration or substitution.This is because, as the MRO, you have the sole authority under this part to make medical determinations leading to a verified test (e.g., a determination that there was or was not a legitimate medical explanation for a laboratory test result).For example, an arbitrator is not permitted to overturn the medical judgment of the MRO that the employee failed to present a legitimate medical explanation for a positive, adulterated, or substituted test result of his or her specimen.

Categories: Ask DOTti, General
Question ID:
 /434
Link Title:
 /Fuel Cell Paper
Link:
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Electrochemical sensors have limited inherent response to potential interferants. There have been many studies done indicating that naturally occuring compounds in human breath do not significantly affect fuel cells. 

If a subject ingests a non-ethanol substance that somehow produces alcohol in the mouth, a 15-20 minute waiting period during which the subject is not allowed to introduce anything into the oral cavity will eliminate this as the source of a positive alcohol result.

Categories: Fuel Cells, General
Question ID:
 /64
Link Title:
 /
Link:
 
Section:
 /151
SubPart:
 /G
Tag:
 /40.151
Article Type:
 /DRUG

As an MRO, you are prohibited from doing the following as part of the verification process:
(a) You must not consider any evidence from tests of urine samples or other body fluids or tissues (e.g., blood or hair samples) that are not collected or tested in accordance with this part.For example, if an employee tells you he went to his own physician, provided a urine specimen, sent it to a laboratory, and received a negative test result or a DNA test result questioning the identity of his DOT specimen, you are required to ignore this test result.
(b) It is not your function to make decisions about factual disputes between the employee and the collector concerning matters occurring at the collection site that are not reflected on the CCF (e.g., concerning allegations that the collector left the area or left open urine containers where other people could access them).
(c) It is not your function to determine whether the employer should have directed that a test occur.For example, if an employee tells you that the employer misidentified her as the subject of a random test, or directed her to take a reasonable suspicion or post-accident test without proper grounds under a DOT agency drug or alcohol regulation, you must inform the employee that you cannot play a role in deciding these issues.
(d) It is not your function to consider explanations of confirmed positive, adulterated, or substituted test results that would not, even if true, constitute a legitimate medical explanation.For example, an employee may tell you that someone slipped amphetamines into her drink at a party, that she unknowingly ingested a marijuana brownie, or that she traveled in a closed car with several people smoking crack.MROs are unlikely to be able to verify the facts of such passive or unknowing ingestion stories.Even if true, such stories do not present a legitimate medical explanation.Consequently, you must not declare a test as negative based on an explanation of this kind.
(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted).
(f) You must not accept an assertion of consumption or other use of a hemp or other non-prescription marijuana-related product as a basis for verifying a marijuana test negative.You also must not accept such an explanation related to consumption of coca teas as a basis for verifying a cocaine test result as negative.Consuming or using such a product is not a legitimate medical explanation.
(g) You must not accept an assertion that there is a legitimate medical explanation for the presence of PCP, 6-AM, MDMA, MDA, or MDEA in a specimen.
(h) You must not accept, as a legitimate medical explanation for an adulterated specimen, an assertion that soap, bleach, or glutaraldehyde entered a specimen through physiological means.There are no physiological means through which these substances can enter a specimen.
(i) You must not accept, as a legitimate medical explanation for a substituted specimen, an assertion that an employee can produce urine with no detectable creatinine. There are no physiological means through which a person can produce a urine specimen having this characteristic.

Categories: Ask DOTti, General
Question ID:
 /435
Link Title:
 /Order Form
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

All customers can pay by credit card (Mastercard, Visa, American Express, Discover) or by check. Customers that have established credit can receive 30 day terms with a Purchase Order.

You can request 30 day terms with Intoximeters by signing the bottom of the order form to authorize us to perform a credit check.  For other questions about credit terms, please contact the Customer Service Department for assistance.

Question ID:
 /65
Link Title:
 /
Link:
 
Section:
 /153
SubPart:
 /G
Tag:
 /40.153
Article Type:
 /DRUG

(a) As the MRO, when you have verified a drug test as positive for a drug or drug metabolite, or as a refusal to test because of adulteration or substitution, you must notify the employee of his or her right to have the split specimen tested.You must also notify the employee of the procedures for requesting a test of the split specimen.
(b) You must inform the employee that he or she has 72 hours from the time you provide this notification to him or her to request a test of the split specimen.
(c) You must tell the employee how to contact you to make this request.You must provide telephone numbers or other information that will allow the employee to make this request.As the MRO, you must have the ability to receive the employee`s calls at all times during the 72 hour period (e.g., by use of an answering machine with a “time stamp” feature when there is no one in your office to answer the phone).
(d) You must tell the employee that if he or she makes this request within 72 hours, the employer must ensure that the test takes place, and that the employee is not required to pay for the test from his or her own funds before the test takes place. You must also tell the employee that the employer may seek reimbursement for the cost of the test (see §40.173 ).
(e) You must tell the employee that additional tests of the specimen (e.g., DNA tests) are not authorized.

Categories: Ask DOTti, General
Question ID:
 /436
Link Title:
 /Intoximeters Training Information
Link:
Section:
 /Training
SubPart:
 /General
Tag:
 /
Article Type:
 /

Yes.  Subpart J section 40.213 (e) of  49 CFR Part 40 requires refresher training for BATs no less frequently than every 5 years from the date on which you completed your initial BAT training.

You must complete refresher training that meets all requirements of section 40.213 (b) and (c), i.e. a complete course every five years.

Five years is a long time. Common sense would say that the BAT who reviews the material and practices on a routine basis has a better chance of remaining proficient. In many cases, such as where BAT functions are collateral duties, alcohol testing may be only part-time work, at best. In these cases, especially, practice (e.g., reviewing course material) may be the only means to stay proficient.

Any employer who takes an adverse personnel action against an employee who fails a DOT alcohol test should be prepared to defend the training of the BAT during possible litigation proceedings that may develop as a result of that action. Intoximeters strongly advises Instuctors and BATs to practice positive scenarios and other obstacles on a regular basis to maintain an appropriate level of competence.  If this type of continuing education is documented by BATs and those who train BATs, it will go a long way toward proving that any particular BAT was competent at the time of a disputed test.

Question ID:
 /66
Link Title:
 /
Link:
 
Section:
 /155
SubPart:
 /G
Tag:
 /40.155
Article Type:
 /DRUG

(a) When the laboratory reports that a specimen is dilute, you must, as the MRO, report to the DER that the specimen, in addition to being negative or positive, is dilute.
(b) You must check the “dilute” box (Step 6) on Copy 2 of the CCF.
(c) When you report a dilute specimen to the DER, you must explain to the DER the employer`s obligations and choices under §40.197, to include the requirement for an immediate recollection under direct observation if the creatinine concentration of a negative-dilute specimen was greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL.
(d) If the employee’s recollection under direct observation, in paragraph © of this section, results in another negative-dilute, as the MRO, you must:
(1) Review the CCF to ensure that there is documentation that the recollection was directly observed.
(2) If the CCF documentation shows that the recollection was directly observed as required, report this result to the DER as a negative-dilute result.
(3) If CCF documentation indicates that the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection under direct observation.

Categories: Ask DOTti, General
Question ID:
 /437
Link Title:
 /Zero Tolerance Paper
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

With a breath test instrument, as long as the sampling was preceded by a 15 minute deprivation period, results of 0.01 or above, on a properly calibrated instrument, indicates that alcohol is present. This is consistent with the reporting of blood samples.  Blood samples are usually reported as a two digit result (.##) therefore, when using blood, 0.01 is the lowest reported result.

Question ID:
 /438
Link Title:
 /Product Information Request
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

Intoximeters takes into consideration quantity discounting from list price for large volume instrument purchases. To discuss your purchasing needs, please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at 1 (314) 429-4000.

Categories: General, Ordering
Question ID:
 /68
Link Title:
 /
Link:
 
Section:
 /159
SubPart:
 /G
Tag:
 /40.159
Article Type:
 /DRUG

(a) As the MRO, when the laboratory reports that the test result is an invalid result, you must do the following:

(1) Discuss the laboratory results with a certifying scientist to determine if the primary specimen should be tested at another HHS certified laboratory.  If the laboratory did not contact you as required by §§ 40.91(e) and 40.96(c), you must contact the laboratory.

(2) If you and the laboratory have determined that no further testing is necessary, contact the employee and inform the employee that the specimen was invalid.  In contacting the employee, use the procedures set forth in § 40.131.

(3) After explaining the limits of disclosure (see §§ 40.135(d) and 40.327), you must determine if the employee has a medical explanation for the invalid result.  You must inquire about the medications the employee may have taken.

(4) If the employee gives an explanation that is acceptable, you must:

(i) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 of the CCF and enter “Invalid Result” and “direct observation collection not required” on the “Remarks” line.

(ii) Report to the DER that the test is cancelled, the reason for cancellation, and that no further action is required unless a negative test result is required (i.e., pre-employment, return-to-duty, or follow-up tests).

(iii) If a negative test result is required and the medical explanation concerns a situation in which the employee has a permanent or long-term medical condition that precludes him or her from providing a valid specimen, as the MRO, you must follow the procedures outlined at § 40.160 for determining if there is clinical evidence that the individual is an illicit drug user.

(5) If the employee is unable to provide an explanation and/or a valid prescription for a medication that interfered with the immunoassay test but denies having adulterated the specimen, you must:

(i) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 of the CCF and enter “Invalid Result” and “direct observation collection required” on the “Remarks” line.

(ii) Report to the DER that the test is cancelled, the reason for cancellation, and that a second collection must take place immediately under direct observation.

(iii) Instruct the employer to ensure that the employee has the minimum possible advance notice that he or she must go to the collection site.

            (6) When the test result is invalid because pH is greater than or equal to 9.0 but less than or equal to 9.5 and the employee has no other medical explanation for the pH, you should consider whether there is evidence of elapsed time and increased temperature that could account for the pH value.

            (i) You are authorized to consider the temperature conditions that were likely to have existed between the time of collection and transportation of the specimen to the laboratory, and the length of time between the specimen collection and arrival at the laboratory.

            (ii) You may talk with the collection site and laboratory to discuss time and temperature issues, including any pertinent information regarding specimen storage.

            (iii) If you determine that time and temperature account for the pH value, you must cancel the test and take no further action, as provided at paragraph (a)(4) of this section.

            (iv) If you determine that time and temperature fail to account for the pH value, you must cancel the test and direct another collection under direct observation, as provided at paragraph (a)(5) of this section.

(b) You may only report an invalid test result when you are in possession of a legible copy of Copy 1 of the CCF. In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee’s signature.

(c) If the employee admits to having adulterated or substituted the specimen, you must, on the same day, write and sign your own statement of what the employee told you. You must then report a refusal to test in accordance with §40.163.

(d) If the employee admits to using a drug, you must, on the same day, write and sign your own statement of what the employee told you.  You must then report that admission to the DER for appropriate action under DOT Agency regulations.  This test will be reported as cancelled with the reason noted.

(e) If the employee’s recollection (required at paragraph (a)(5) of this section) results in another invalid result for the same reason as reported for the first specimen, as the MRO, you must:

(1) Review the CCF to ensure that there is documentation that the recollection was directly observed.

(2) If the CCF review indicates that the recollection was directly observed as required, document that the employee had another specimen with an invalid result for the same reason.

(3) Follow the recording and reporting procedures at (a)(4)(i) and (ii) of this section.

(4) If a negative result is required (i.e., pre-employment, return-to-duty, or follow-up tests), follow the procedures at § 40.160 for determining if there is clinical evidence that the individual is an illicit drug user.

(5) If the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection under direct observation.

(f) If the employee’s recollection (required at paragraph (a)(5) of this section) results in another invalid result for a different reason than that reported for the first specimen, as the MRO, you must:

(1) Review the CCF to ensure that there is documentation that the recollection was directly observed.

(2) If the CCF review indicates that the recollection was directly observed as required, document that the employee had another specimen with an invalid result for a different reason.  

(3) As the MRO, you should not contact the employee to discuss the result, but rather direct the DER to conduct an immediate recollection under direct observation without prior notification to the employee.

(4) If the CCF documentation indicates that the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection under direct observation.

(g) If, as the MRO, you receive a laboratory invalid result in conjunction with a positive, adulterated, and/or substituted result and you verify any of those results as being a positive and/or refusal to test, you do not report the invalid result unless the split specimen fails to reconfirm the result(s) of the primary specimen.

Categories: Ask DOTti, General
Question ID:
 /439
Link Title:
 /Breath Alcohol Technician Training
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

To become a Breath Alcohol Technician you must complete the DOT Model Training Course or an approved equivalent which will provide instruction on the DOT procedures and regulations related to alcohol testing.

Additionally, you must demonstrate proficiency with your EBT instrument by performing seven error-free tests with the EBT.  These tests must be monitored in real time by a qualified instructor to verify that they are error-free.

Categories: DOT, General
Question ID:
 /69
Link Title:
 /
Link:
 
Section:
 /161
SubPart:
 /G
Tag:
 /40.161
Article Type:
 /DRUG

As the MRO, when the laboratory reports that the specimen is rejected for testing (e.g., because of a fatal or uncorrected flaw), you must do the following:
(a) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 of the CCF and enter the reason on the “Remarks” line.
(b) Report to the DER that the test is cancelled and the reason for cancellation, and that no further action is required unless a negative test is required (e.g., in the case of a pre-employment, return-to-duty, or follow-up test).
(c) You may only report a test cancelled because of a rejected for testing test result when you are in possession of a legible copy of Copy 1 of the CCF.In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee`s signature.

Categories: Ask DOTti, General
Question ID:
 /440
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Current fuel cell life expectancy averages between 7 and 9 years.  However, operating conditions and environmental factors can affect the life of the fuel cell.

Some tips for prolonging the life of a fuel cell include:
  • Avoid exposing the cell to cigarette smoke, both in breath samples and in the ambient environment.
  • Avoid storing the device in extreme temperatures.
  • Use the device regularly.  Leaving the instrument in storage can cause the cell to dry out, which reduces its useful life.
  • Never submerge the instrument in any liquid or introduce liquid of any kind into the breath inlet or fuel cell port.
  • Avoid repeated use of breath sprays and mouthwashes to simulate positive results when training or demonstrating the device.
Categories: Fuel Cells, General
Question ID:
 /70
Link Title:
 /
Link:
 
Section:
 /163
SubPart:
 /G
Tag:
 /40.163
Article Type:
 /DRUG

    (a) As the MRO, it is your responsibility to report all drug test results to the employer.
    (b) You may use a signed or stamped and dated legible photocopy of Copy 2 of the CCF to report test results.
    (c) If you do not report test results using Copy 2 of the CCF for this purpose, you must provide a written report (e.g., a letter) for each test result.This report must, as a minimum, include the following information:
    (1) Full name, as indicated on the CCF, of the employee tested;
    (2) Specimen ID number from the CCF and the donor SSN or employee ID number;
    (3) Reason for the test as indicated on the CCF (e.g., random, post-accident);
    (4) Date of the collection;
    (5) Date you received Copy 2 of the CCF;
    (6) Result of the test (i.e., positive, negative, dilute, refusal to test, test cancelled) and the date the result was verified by the MRO; 
    (7) For verified positive tests, the drug(s)/metabolite(s) for which the test was positive and 
    (8) For cancelled tests, the reason for cancellation; and
    (9) For refusals to test, the reason for the refusal determination (e.g., in the case of an adulterated test result, the name of the adulterant).
    (d) As an exception to the reporting requirements of paragraph (b) and (c) of this section, the MRO may report negative results using an electronic data file.
    (1) If you report negatives using an electronic data file, the report must contain, as a minimum, the information specified in paragraph(c) of this section, as applicable for negative test results.
    (2) In addition, the report must contain, your name, address, and phone number, the name of any person other than you reporting the results, and the date the electronic results report is released.
    (e) You must retain a signed or stamped and dated copy of Copy 2 of the CCF in your records.If you do not use Copy 2 for reporting results, you must maintain a copy of the signed or stamped and dated letter in addition to the signed or stamped and dated Copy 2.If you use the electronic data file to report negatives, you must maintain a retrievable copy of that report in a format suitable for inspection and auditing by a DOT representative.
    (f) You must not use Copy 1 of the CCF to report drug test results.
    (g) You must not provide quantitative values to the DER or C/TPA for drug or validity test results.However, you must provide the test information in your possession to a SAP who consults with you (see §40.293(g)).
    (h) You must maintain reports and records related to negatives and cancelled results for one year; you must maintain reports and records related to positives and refusals for five years, unless otherwise specified by applicable DOT agency regulations.

Categories: Ask DOTti, General
Question ID:
 /441
Link Title:
 /
Link:
 
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /NULL
Article Type:
 /NULL

Supplies are usually shipped within three days of receipt of complete order information (unless there is an unresolved credit issue). Instrument lead times can vary depending upon the type of instrument. A delivery date can be quoted by our sales department upon request.

Question ID:
 /71
Link Title:
 /
Link:
 
Section:
 /165
SubPart:
 /G
Tag:
 /40.165
Article Type:
 /DRUG

(a) As the MRO, you must report all drug test results to the DER, except in the circumstances provided for in §40.345 .
(b) If the employer elects to receive reports of results through a C/TPA, acting as an intermediary as provided in §40.345 , you must report the results through the designated C/TPA.

Categories: Ask DOTti, General
Question ID:
 /442
Link Title:
 /What changes were made?
Link:
Section:
 /Training
SubPart:
 /
Tag:
 /
Article Type:
 /

You can use the old Alcohol Testing Forms until 1/1/2011.   DOT requires use of the new form for every DOT-mandated alcohol test as of 1/1/2011.

Originally, the deadline for use of the new ATF was scheduled to be 8/1/2010, but after DOT discovered that there were many service agents and employers who would have to throw away forms, they published an extension of the deadline to 1/1/2011.

Click on the links below if you would like to view the regulatory text.

Question ID:
 /72
Link Title:
 /
Link:
 
Section:
 /167
SubPart:
 /G
Tag:
 /40.167
Article Type:
 /DRUG

As the MRO or C/TPA who transmits drug test results to the employer, you must comply with the following requirements:
(a) You must report the results in a confidential manner.
(b) You must transmit to the DER on the same day the MRO verifies the result or the next business day all verified positive test results, results requiring an immediate collection under direct observation, adulterated or substituted specimen results, and other refusals to test.
(1) Direct telephone contact with the DER is the preferred method of immediate reporting.Follow up your phone call with appropriate documentation (see §40.163).
(2) You are responsible for identifying yourself to the DER, and the DER must have a means to confirm your identification.
(3) The MRO`s report that you transmit to the employer must contain all of the information required by §40.163.
(c) You must transmit the MRO`s report(s) of verified tests to the DER so that the DER receives it within two days of verification by the MRO.
(1) You must fax, courier, mail, or electronically transmit a legible image or copy of either the signed or stamped and dated Copy 2 or the written report (see 40.163(b) and (c)).
(2) Negative results reported electronically (i.e., computer data file) do not require an image of Copy 2 or the written report.
(d) In transmitting test results, you or the C/TPA and the employer must ensure the security of the transmission and limit access to any transmission, storage, or retrieval systems.
(e) MRO reports are not subject to modification or change by anyone other than the MRO, as provided in §40.149(c).

Categories: Ask DOTti, General
Question ID:
 /443
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Cooking typically boils off the alcohol and leaves little more than the flavor of the beverage, however, if all the alcohol has not been eliminated in the cooking process, a result could occur from the ingestion of the alcohol since eating alcohol is little different than drinking alcohol.

Question ID:
 /73
Link Title:
 /
Link:
 
Section:
 /169
SubPart:
 /G
Tag:
 /40.169
Article Type:
 /DRUG

You can find more information concerning the role of MROs in several sections of this part:
§40.3 – definition.
§§40.47 – 40.49 – correction of form and kit errors.
§40.67 – role in direct observation and other atypical test situations.
§40.83 – laboratory handling of fatal and correctable flaws.
§40.97 – laboratory handling of test results and quantitative values.
§40.99 – authorization of longer laboratory retention of specimens.
§40.101 – relationship with laboratories; avoidance of conflicts of interest.
§40.171 – request for test of split specimen.
§40.187 – action concerning split specimen test results.
§40.193 – role in “shy bladder” situations.
§40.195 – role in cancelling tests.
§§40.199 – 40.203 – documenting errors in tests.
§40.327 – confidentiality and release of information.
§40.347 – transfer of records.
§40.353 – relationships with service agents.

Categories: Ask DOTti, General
Question ID:
 /444
Link Title:
 /RAF/RMA Form
Link:
Section:
 /Company Information
SubPart:
 /Service
Tag:
 /
Article Type:
 /

Intoximeters, Inc. recommends a Return Material Authorization accompany all items returned to us for repair or restocking. The form, known as an RMA or RAF allows you to identify the reason for return and helps us expedite the process. Click on the link below to learn more or download and print a RMA form.

Categories: General, Service
Question ID:
 /74
Link Title:
 /
Link:
 
Section:
 /171
SubPart:
 /H
Tag:
 /40.171
Article Type:
 /DRUG

(a) As an employee, when the MRO has notified you that you have a verified positive drug test and/or refusal to test because of adulteration or substitution, you have 72 hours from the time of notification to request a test of the split specimen. The request may be verbal or in writing. If you make this request to the MRO within 72 hours, you trigger the requirements of this section for a test of the split specimen. There is no split specimen testing for an invalid result.
(b)(1) If, as an employee, you have not requested a test of the split specimen within 72 hours, you may present to the MRO information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO (e.g., there was no one in the MRO`s office and the answering machine was not working), or other circumstances unavoidably prevented you from making a timely request.
(2) As the MRO, if you conclude from the employee`s information that there was a legitimate reason for the employee`s failure to contact you within 72 hours, you must direct that the test of the split specimen take place, just as you would when there is a timely request.
(c) When the employee makes a timely request for a test of the split specimen under paragraphs (a) and (b) of this section, you must, as the MRO, immediately provide written notice to the laboratory that tested the primary specimen, directing the laboratory to forward the split specimen to a second HHS-certified laboratory.You must also document the date and time of the employee`s request.

Categories: Ask DOTti, General
Question ID:
 /445
Link Title:
 /Training
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

Yes.  According to the DOT regulations a Breath Alcohol Technician must go through retraining  no less than every five years to properly maintain their accreditation.   Reference 49 CFR Part 40.213

Question ID:
 /75
Link Title:
 /
Link:
 
Section:
 /173
SubPart:
 /H
Tag:
 /40.173
Article Type:
 /DRUG

(a) As the employer, you are responsible for making sure (e.g., by establishing appropriate accounts with laboratories for testing split specimens) that the MRO, first laboratory, and second laboratory perform the functions noted in §§40.175 – 40.185in a timely manner, once the employee has made a timely request for a test of the split specimen.
(b) As the employer, you must not condition your compliance with these requirements on the employee`s direct payment to the MRO or laboratory or the employee`s agreement to reimburse you for the costs of testing.For example, if you ask the employee to pay for some or all of the cost of testing the split specimen, and the employee is unwilling or unable to do so, you must ensure that the test takes place in a timely manner, even though this means that you pay for it.
(c) As the employer, you may seek payment or reimbursement of all or part of the cost of the split specimen from the employee (e.g., through your written company policy or a collective bargaining agreement).This part takes no position on who ultimately pays the cost of the test, so long as the employer ensures that the testing is conducted as required and the results released appropriately.

Categories: Ask DOTti, General
Question ID:
 /446
Link Title:
 /Factory Recertification
Link:
Section:
 /Sensing Technologies
SubPart:
 /Fuel Cells
Tag:
 /
Article Type:
 /

Average fuel cell life is 7 to 9 years, depending on use. As a fuel cell ages, it begins to take longer for the sensor to produce the information needed to calculate the result. The slowness of the cell does not mean it cannot produce consistent and accurate results. However, if the speed to result is an issue for the user, the slow response of an older cell could be a limiting factor that determines when to change the cell. 

The best indicator for a user to determine if a sensor requires replacement is if it will not consistently maintain calibration. This is not to say that a sensor that goes out of calibration once should be replaced, but if an instrument proves to be unable to maintain its calibration over long periods of time (months, or even years), the unit should be inspected by a technician. In order to reduce the likelihood that an instrument ever has a fuel cell that goes bad in the field, Intoximeters offers a preventative maintenance program called a “Recertification”. Click on the link below to learn about this program.

Categories: Fuel Cells, General
Question ID:
 /76
Link Title:
 /
Link:
 
Section:
 /175
SubPart:
 /H
Tag:
 /40.175
Article Type:
 /DRUG

(a) As the laboratory at which the primary and split specimen first arrive, you must check to see whether the split specimen is available for testing.
(b) If the split specimen is unavailable or appears insufficient, you must then do the following:
(1) Continue the testing process for the primary specimen as you would normally.Report the results for the primary specimen without providing the MRO information regarding the unavailable split specimen.
(2) Upon receiving a letter from the MRO instructing you to forward the split specimen to another laboratory for testing, report to the MRO that the split specimen is unavailable for testing. Provide as much information as you can about the cause of the unavailability.
(c) As the laboratory that tested the primary specimen, you are not authorized to open the split specimen under any circumstances (except when the split specimen is redesignated as provided in §40.83 ).
(d) When you receive written notice from the instructing you to send the split specimen to another HHS-certified laboratory, you must forward the following items to the second laboratory:
(1) The split specimen in its original specimen bottle, with the seal intact;
(2) A copy of the MRO`s written request; and
(3) A copy of Copy 1 of the CCF, which identifies the drug(s)/metabolite(s) or the validity criteria to be tested for.
(e) You must not send to the second laboratory any information about the identity of the employee.Inadvertent disclosure does not, however, cause a fatal flaw.
(f) This subpart does not prescribe who gets to decide which HHS-certified laboratory is used to test the split specimen.That decision is left to the parties involved.

Categories: Ask DOTti, General
Question ID:
 /447
Link Title:
 /
Link:
 
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

There is a 25% restocking charge for products returned within 60 days of original ship date with the exception of Calibration Gas Canisters that must be returned within 30 days of the ship date. DO NOT ship dry gas canisters unless you are a certified HAZMAT shipper. Severe penalties may be imposed for improper shipments. Contact Intoximeters Customer Service for assistance with returning Dry Gas Cylinders.

Software products cannot be returned for refund if the seal on the media has been broken or a license has been granted for a program that has been downloaded electronically.

Contact Customer Service with any questions about returning or exchanging a product.

Question ID:
 /77
Link Title:
 /
Link:
 
Section:
 /177
SubPart:
 /H
Tag:
 /40.177
Article Type:
 /DRUG

(a) As the laboratory testing the split specimen, you must test the split specimen for the drug(s)/drug metabolite(s) detected in the primary specimen.
(b) You must conduct this test without regard to the cutoff concentrations of §40.87 .
(c) If the test fails to reconfirm the presence of the drug(s)/drug metabolite(s) that were reported positive in the primary specimen, you must conduct validity tests in an attempt to determine the reason for being unable to reconfirm the presence of the drug(s)/metabolite(s).You should conduct the same validity tests as you would conduct on a primary specimen set forth in §40.91 .
(d) In addition, if the test fails to reconfirm the presence of the drug(s)/drug metabolite(s) reported in the primary specimen, you may send the specimen or an aliquot of it for testing at another HHS-certified laboratory that has the capability to conduct another reconfirmation test.

Categories: Ask DOTti, General
Question ID:
 /448
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

No.  Fuel Cells will not respond to substances other than alcohol on the human breath after a 15 minute deprivation period.

Question ID:
 /78
Link Title:
 /
Link:
 
Section:
 /179
SubPart:
 /H
Tag:
 /40.179
Article Type:
 /DRUG

(a) As the laboratory testing the split specimen, you must test the split specimen for the adulterant detected in the primary specimen, using the confirmatory test for the adulterant and using criteria in §40.95 and confirmatory cutoff levels required by the HHS Mandatory Guidelines.
(b) In addition, if the test fails to reconfirm the adulterant result reported in the primary specimen, you may send the specimen or an aliquot of it for testing at another HHS-certified laboratory that has the capability to conduct another reconfirmation test.

Categories: Ask DOTti, General
Question ID:
 /449
Link Title:
 /Repair Estimates
Link:
Section:
 /Company Information
SubPart:
 /Service
Tag:
 /
Article Type:
 /

Yes, it should be requested on the Return Material Authorization Form that you fill out and return with the unit for repair.  Click the link below for detailed information.

Categories: General, Service
Question ID:
 /79
Link Title:
 /
Link:
 
Section:
 /181
SubPart:
 /H
Tag:
 /40.181
Article Type:
 /DRUG

As the laboratory testing the split specimen, you must test the split specimen using the confirmatory tests for creatinine and specific gravity, and using the confirmatory creiteria set forth in §40.93(b).

Categories: Ask DOTti, General
Question ID:
 /450
Link Title:
 /Training
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

The instructor must be an individual who has done one of the following:
1. Has demonstrated the necessary knowledge, skills and abilities by regularly performing DOT tests for at least a year,
2. Has conducted BAT training for at least a year,
3. Has successfully completed a Train the Trainer course.

Remember that the above requirements mean that the individual has the experience on the same instrument on which they will be training.

Before contracting with a service provider for training, you should educate yourself about the training requirements of DOT.  A summary of the DOT training requirements can be downloaded here.

Question ID:
 /80
Link Title:
 /
Link:
 
Section:
 /183
SubPart:
 /H
Tag:
 /40.183
Article Type:
 /DRUG

(a) As the laboratory responsible for testing the split specimen, you must report split specimen test results by checking the “Reconfirmed” box and/or the “Failed to Reconfirm” box (Step 5(b)) on Copy 1 of the CCF, as appropriate, and by providing clarifying remarks using current HHS Mandatory Guidelines requirements.
(b) As the laboratory certifying scientist, enter your name, sign, and date the CCF.

Categories: Ask DOTti, General
Question ID:
 /451
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Other
Tag:
 /
Article Type:
 /

Yes.  With the recent acquisition of the breath alcohol testing business of National Patent Analytical Systems in March 2013, Intoximeters now employs infrared detection as the primary sensor in our Intox DMT product line.  In addition, Intoximeters employs infrared detection as a secondary sensor in our Intox EC/IR II product (which uses electrochemical fuel cell as the primary sensor).

Categories: General, Other
Question ID:
 /81
Link Title:
 /
Link:
 
Section:
 /185
SubPart:
 /H
Tag:
 /40.185
Article Type:
 /DRUG

(a) As the laboratory testing the split specimen, you must report laboratory results directly, and only, to the MRO at his or her place of business.You must not report results to or through the DER or another service agent (e.g., a C/TPA).
(b) You must fax, courier, mail, or electronically transmit a legible image or copy of the fully-completed Copy 1 of the CCF, which has been signed by the certifying scientist.
(c) You must transmit the laboratory result to the MRO immediately, preferably on the same day or next business day as the result is signed and released.

Categories: Ask DOTti, General
Question ID:
 /452
Link Title:
 /Service RMA Form
Link:
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

You can request an estimate of the repair costs on the Return Material Authorization form (see link below) when you send in your instrument.  The Technical Service/Support section of this website provides detailed instructions on how to send in your unit and how to request an estimate.

Question ID:
 /82
Link Title:
 /
Link:
 
Section:
 /187
SubPart:
 /H
Tag:
 /40.187
Article Type:
 /DRUG

                As the MRO, the split specimen laboratory results you receive will fall into five categories. You must take the following action, as appropriate, when a laboratory reports split specimen results to you.

(a) Category 1:  The laboratory reconfirmed one or more of the primary specimen results.  As the MRO, you must report to the DER and the employee the result(s) that was/were reconfirmed.

(1) In the case of a reconfirmed positive test(s) for drug(s) or drug metabolite(s), the positive is the final result.

(2) In the case of a reconfirmed adulterated or substituted result, the refusal to test is the final result.

(3) In the case of a combination positive and refusal to test results, the final result is both positive and refusal to test.

(b) Category 2:  The laboratory failed to reconfirm all of the primary specimen results because, as appropriate, drug(s)/drug metabolite(s) were not detected; adulteration criteria were not met; and/or substitution criteria were not met.  As the MRO, you must report to the DER and the employee that the test must be cancelled.

(1) As the MRO, you must inform ODAPC of the failure to reconfirm using the format in Appendix D to this part.

(2) In a case where the split failed to reconfirm because the substitution criteria were not met and the split specimen creatinine concentration was equal to or greater than 2mg/dL but less than or equal to 5mg/dL, as the MRO, you must, in addition to step in (b)(1) of this paragraph, direct the DER to ensure the immediate collection of another specimen from the employee under direct observation, with no notice given to the employee of this collection requirement until immediately before the collection.

(3)  In a case where the split failed to reconfirm and the primary specimen’s result was also invalid, direct the DER to ensure the immediate collection of another specimen from the employee under direct observation, with no notice given to the employee of this collection requirement until immediately before the collection.

(c) Category 3:  The laboratory failed to reconfirm all of the primary specimen results, and also reported that the split specimen was invalid, adulterated, and/or substituted.

(1) In the case where the laboratory failed to reconfirm all of the primary specimen results and the split was reported as invalid, as the MRO, you must:

(i) Report to the DER and the employee that the test must be cancelled and the reason for the cancellation.

(ii) Direct the DER to ensure the immediate collection of another specimen from the employee under direct observation, with no notice given to the employee of this collection requirement until immediately before the collection.

(iii) Inform ODAPC of the failure to reconfirm using the format in Appendix D to this part.

(2) In the case where the laboratory failed to reconfirm any of the primary specimen results, and the split was reported as adulterated and/or substituted, as the MRO, you must:

(i) Contact the employee and inform the employee that the laboratory has determined that his or her split specimen is adulterated and/or substituted, as appropriate.

(ii) Follow the procedures of § 40.145 to determine if there is a legitimate medical explanation for the laboratory finding of adulteration and/or substitution, as appropriate.

(iii) If you determine that there is a legitimate medical explanation for the adulterated and/or substituted test result, report to the DER and the employee that the test must be cancelled; and inform ODAPC of the failure to reconfirm using the format in Appendix D to this part.

(iv) If you determine that there is not a legitimate medical explanation for the adulterated and/or substituted test result, you must take the following steps:

(A) Report the test to the DER and the employee as a verified refusal to test.  Inform the employee that he or she has 72 hours to request a test of the primary specimen to determine if the adulterant found in the split specimen is also present in the primary specimen and/or to determine if the primary specimen meets appropriate substitution criteria.

(B) Except when the request is for a test of the primary specimen and is being made to the laboratory that tested the primary specimen, follow the procedures of §§ 40.153, 40.171, 40.173, 40.179, 40.181, and 40.185, as appropriate.

(C) As the laboratory that tests the primary specimen to reconfirm the presence of the adulterant found in the split specimen and/or to determine that the primary specimen meets appropriate substitution criteria, report your result to the MRO on a photocopy (faxed, mailed, scanned, couriered) of Copy 1 of the CCF.

(D) If the test of the primary specimen reconfirms the adulteration and/or substitution finding of the split specimen, as the MRO you must report the result as a refusal to test as provided in paragraph (a)(2) of this section.

(E) If the test of the primary specimen fails to reconfirm the adulteration and/or substitution finding of the split specimen, as the MRO you must cancel the test, following procedures in paragraph (b) of this section.

(d) Category 4:  The laboratory failed to reconfirm one or more but not all of the primary specimen results, and also reported that the split specimen was invalid, adulterated, and/or substituted.  As the MRO, in the case where the laboratory reconfirmed one or more of the primary specimen result(s), you must follow procedures in paragraph (a) of this section and:

(1) Report that the split was also reported as being invalid, adulterated, and/or substituted (as appropriate).

(2) Inform the DER to take action only on the reconfirmed result(s).

(e) Category 5:  The split specimen was not available for testing or there was no split laboratory available to test the specimen.  As the MRO, you must:

(1) Report to the DER and the employee that the test must be cancelled and the reason for the cancellation;

(2) Direct the DER to ensure the immediate recollection of another specimen from the employee under direct observation, with no notice given to the employee of this collection requirement until immediately before the collection; and

(3) Notify ODAPC of the failure to reconfirm using the format in Appendix D to this part.

(f) For all split specimen results, as the MRO you must:

(1) Enter your name, sign, and date (Step 7) of Copy 2 of the CCF.

(2) Send a legible copy of Copy 2 of the CCF (or a signed and dated letter, see § 40.163) to the employer and keep a copy for your records. Transmit the document as provided in § 40.167.

Categories: Ask DOTti, General
Question ID:
 /453
Link Title:
 /Alcohol Screening Devices
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

No, you can use an approved ASD (Alcohol Screening Device) for performing screening tests, but an approved evidential breath test (EBT) device must be used for confirmation testing.

Categories: DOT, General
Question ID:
 /83
Link Title:
 /
Link:
 
Section:
 /189
SubPart:
 /H
Tag:
 /40.189
Article Type:
 /DRUG

You can find more information concerning split specimens in several sections of this part:
§40.3 – definition.
§40.65 – quantity of split specimen.
§40.67 – directly observed test when split specimen is unavailable.
§§40.71 – 40.73 – collection process for split specimens.
§40.83 – laboratory accessioning of split specimens.
§40.99 – laboratory retention of split specimens
§40.153 – MRO notice to employees on tests of split specimen.
§§40.193 and 40.201 – MRO actions on insufficient or unavailable split specimens.
Appendix D to Part 40 – Report format for split specimen failure to reconfirm.

Categories: Ask DOTti, General
Question ID:
 /454
Link Title:
 /
Link:
 
Section:
 /Billing And Delivery
SubPart:
 /General
Tag:
 /
Article Type:
 /

Yes.  Every order placed with Intoximeters is confirmed at the time of order processing.  We make every effort to process all orders within 48-72 hours.  Your confirmation will be sent via e-mail or fax and will include a pdf summary of the items you ordered and your estimated total price with shipping and tax.

If you order product on line, you will receive an electronic confirmation of your order right away in addition to the confirmation described above.

Question ID:
 /84
Link Title:
 /
Link:
 
Section:
 /191
SubPart:
 /I
Tag:
 /40.191
Article Type:
 /DRUG

                (a) As an employee, you have refused to take a drug test if you:

(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a));

(2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;

(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;

(4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see §§40.67(l) and 40.69(g));

(5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));

(6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, §40.197(b));

(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment.  If there was no contingent offer of employment, the MRO will cancel the test; or

(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).

(9) For an observed collection, fail to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. 

(10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.

(11) Admit to the collector or MRO that you adulterated or substituted the specimen.

(b) As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.

(c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations.

(d) As a collector or an MRO, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the CCF (including, in the case of the collector, printing the employee’s name on Copy 2 of the CCF), immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situation), you must notify the MRO, who in turn will notify the DER.

(1) As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.

(2) As the MRO, you must note the refusal by checking the “refused to test because” box (Step 6) on Copy 2 of the CCF, and add the reason on the “Remarks” line. You must then sign and date the CCF.

(e) As an employee, when you refuse to take a non-DOT test or to sign a non-DOT form, you have not refused to take a DOT test. There are no consequences under DOT agency regulations for refusing to take a non-DOT test.

Categories: Ask DOTti, General
Question ID:
 /455
Link Title:
 /NHTSA Evidential CPL
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

You must read the procedures for testing and determine if they require any particular approval. In law enforcement this information can be obtained from the regulating authority in that jurisdiction.  For the U.S. Department of Transportation workplace testing program, refer to the rule in the Federal Register.

Many jurisdictions reference the National Highway Traffic Safety Administration’s (NHTSA) Conforming Products List as a source for approved instruments.

Question ID:
 /85
Link Title:
 /
Link:
 
Section:
 /193
SubPart:
 /I
Tag:
 /40.193
Article Type:
 /DRUG

                (a) This section prescribes procedures for situations in which an employee does not provide a sufficient amount of urine to permit a drug test (i.e., 45 mL of urine).

 

(b) As the collector, you must do the following:

 

(1) Discard the insufficient specimen, except where the insufficient specimen was out of temperature range or showed evidence of adulteration or tampering (see §40.65(b) and (c)).

 

(2) Urge the employee to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. It is not a refusal to test if the employee declines to drink. Document on the Remarks line of the CCF (Step 2), and inform the employee of, the time at which the three-hour period begins and ends.

 

(3) If the employee refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, you must discontinue the collection, note the fact on the “Remarks” line of the CCF (Step 2), and immediately notify the DER. This is a refusal to test.

 

(4) If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide the specimen, you must discontinue the collection, note the fact on the “Remarks” line of the CCF (Step 2), and immediately notify the DER. You must also discard any specimen the employee previously provided to include any specimen that is “out of temperature range” or shows signs of tampering. In the remarks section of the CCF that you will distribute to the MRO and DER, note the fact that the employee provided an “out of temperature range specimen” or “specimen that shows signs of tampering” and that it was discarded because the employee did not provide a second sufficient specimen.

 

(5) Send Copy 2 of the CCF to the MRO and Copy 4 to the DER. You must send or fax these copies to the MRO and DER within 24 hours or the next business day.

 

(c) As the DER, when the collector informs you that the employee has not provided a sufficient amount of urine (see paragraph (b)(4) of this section), you must, after consulting with the MRO, direct the employee to obtain, within five days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. (The MRO may perform this evaluation if the MRO has appropriate expertise.)

 

(1) As the MRO, if another physician will perform the evaluation, you must provide the other physician with the following information and instructions:

 

(i) That the employee was required to take a DOT drug test, but was unable to provide a sufficient amount of urine to complete the test;

 

(ii) The consequences of the appropriate DOT agency regulation for refusing to take the required drug test;

 

(iii) That the referral physician must agree to follow the requirements of paragraphs (d) through (g) of this section.

 

(2) [Reserved]

 

(d) As the referral physician conducting this evaluation, you must recommend that the MRO make one of the following determinations:

 

(1) A medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine. As the MRO, if you accept this recommendation, you must:

 

(i) Check “Test Cancelled” (Step 6) on the CCF; and

 

(ii) Sign and date the CCF.

 

(2) There is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine. As the MRO, if you accept this recommendation, you must:

 

(i) Check “Refusal to test because” (Step 6) on the CCF and enter reason in the remarks line; and

 

(ii) Sign and date the CCF.

 

(e) For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a urinary system dysfunction) or a medically documented pre-existing psychological disorder, but does not include unsupported assertions of “situational anxiety” or dehydration.

 

(f) As the referral physician making the evaluation, after completing your evaluation, you must provide a written statement of your recommendations and the basis for them to the MRO. You must not include in this statement detailed information on the employee’s medical condition beyond what is necessary to explain your conclusion.

 

(g) If, as the referral physician making this evaluation in the case of a pre-employment test, you determine that the employee’s medical condition is a serious and permanent or long-term disability that is highly likely to prevent the employee from providing a sufficient amount of urine for a very long or indefinite period of time, you must set forth your determination and the reasons for it in your written statement to the MRO. As the MRO, upon receiving such a report, you must follow the requirements of §40.195, where applicable.

 

(h) As the MRO, you must seriously consider and assess the referral physician’s recommendations in making your determination about whether the employee has a medical condition that has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine. You must report your determination to the DER in writing as soon as you make it.

 

(i) As the employer, when you receive a report from the MRO indicating that a test is cancelled as provided in paragraph (d)(1) of this section, you take no further action with respect to the employee. The employee remains in the random testing pool.

 

Categories: Ask DOTti, General
Question ID:
 /456
Link Title:
 /Service/Support
Link:
Section:
 /Company Information
SubPart:
 /Service
Tag:
 /
Article Type:
 /

Yes, contact Technical Services with your instrument serial number, type, and company name.  You can contact them by phone at 314-429-4000 from 8:00am – 5:00pm Central Time or via e-mail.

Categories: General, Service
Question ID:
 /86
Link Title:
 /
Link:
 
Section:
 /195
SubPart:
 /I
Tag:
 /40.195
Article Type:
 /DRUG

(a) This section concerns a situation in which an employee has a medical condition that precludes him or her from providing a sufficient specimen for a pre-employment, follow-up or return-to-duty test and the condition involves a permanent or long-term disability.As the MRO in this situation, you must do the following:
(1) You must determine if there is clinical evidence that the individual is an illicit drug user.You must make this determination by personally conducting, or causing to be conducted, a medical evaluation and through consultation with the employee`s physician and/or the physician who conducted the evaluation under §40.193(d).
(2) If you do not personally conduct the medical evaluation, you must ensure that one is conducted by a licensed physician acceptable to you.
(3) For purposes of this section, the MRO or the physician conducting the evaluation may conduct an alternative test (e.g., blood) as part of the medically appropriate procedures in determining clinical evidence of drug use.
(b) If the medical evaluation reveals no clinical evidence of drug use, as the MRO, you must report the result to the employer as a negative test with written notations regarding results of both the evaluation conducted under §40.193(d)and any further medical examination.This report must state the basis for the determination that a permanent or long-term medical condition exists, making provision of a sufficient urine specimen impossible, and for the determination that no signs and symptoms of drug use exist.
(1) Check “Negative” (Step 6) on the CCF.
(2) Sign and date the CCF.
(c) If the medical evaluation reveals clinical evidence of drug use, as the MRO, you must report the result to the employer as a cancelled test with written notations regarding results of both the evaluation conducted under §40.193(d)and any further medical examination.This report must state that a permanent or long-term medical condition exists, making provision of a sufficient urine specimen impossible, and state the reason for the determination that signs and symptoms of drug use exist.Because this is a cancelled test, it does not serve the purposes of a negative test (i.e., the employer is not authorized to allow the employee to begin or resume performing safety-sensitive functions, because a negative test is needed for that purpose).
(d) For purposes of this section, permanent or long-term medical conditions are those physiological, anatomic, or psychological abnormalities documented as being present prior to the attempted collection, and considered not amenable to correction or cure for an extended period of time, if ever.
(1) Examples would include destruction (any cause) of the glomerular filtration system leading to renal failure; unrepaired traumatic disruption of the urinary tract; or a severe psychiatric disorder focused on genito-urinary matters.
(2) Acute or temporary medical conditions, such as cystitis, urethritis or prostatitis, though they might interfere with collection for a limited period of time, cannot receive the same exceptional consideration as the permanent or long-term conditions discussed in paragraph (d)(1) of this section.

Categories: Ask DOTti, General
Question ID:
 /457
Link Title:
 /Training
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

Yes.  It doesn’t matter how long you have been conducting DOT breath alcohol tests.  Everyone must go through refresher training every 5 years – there are no exceptions or grandfathering.

About 90% of the students who attend our factory BAT courses state that they got at least 1 or 2 new pieces of information that they did not know or had forgotten since their last training.  Refreshing your knowledge is a good practice. 

Question ID:
 /87
Link Title:
 /
Link:
 
Section:
 /197
SubPart:
 /I
Tag:
 /40.197
Article Type:
 /DRUG

(a) As the employer, if the MRO informs you that a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact that the specimen was dilute.
(b) As an employer, if the MRO informs you that a negative test was dilute, take the following action:
(1) If the MRO directs you to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2 mg/dL, but less than or equal to 5mg/dL (see §40.155(c)), you must do so immediately.
(2) Otherwise (i.e., if the creatinine concentration of the dilute specimen is greater than 5 mg/dL), you may, but are not required to, direct the employee to take another test immediately.
(i) Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see §40.67(b) and (c)).
(ii) You must treat all employees the same for this purpose. For example, you must not retest some employees and not others. You may, however, establish different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in random test situations). You must inform your employees in advance of your decisions on these matters.
(c) The following provisions apply to all tests you direct an employee to take under paragraph (b) of this section:
(1) You must ensure that the employee is given the minimum possible advance notice that he or she must go to the collection site;
(2) You must treat the result of the test you directed the employee to take under paragraph (b) of this section – and not a prior test – as the test result of record, on which you rely for purposes of this part;
(3) If the result of the test you directed the employee to take under paragraph (b)(1) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute.
(4) If the result of the test you directed the employee to take under paragraph (b)(2) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute. Provided, however, that if the MRO directs you to conduct a recollection under direct observation under paragraph (b)(1) of this section, you must immediately do so.

Categories: Ask DOTti, General
Question ID:
 /458
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Other
Tag:
 /
Article Type:
 /

Not presently, but in the 1970’s we built several GC instruments.  These were excellent analyzers, however, the training required of the operator and the maintenance required to keep the analyzer up and running made the instrument impractical for use outside of a laboratory.

Categories: General, Other
Question ID:
 /88
Link Title:
 /
Link:
 
Section:
 /199
SubPart:
 /I
Tag:
 /40.199
Article Type:
 /DRUG

(a) As the MRO, when the laboratory discovers a “fatal flaw” during its processing of incoming specimens (see §40.83), the laboratory will report to you that the specimen has been “Rejected for Testing” (with the reason stated).You must always cancel such a test.

(b) The following are “fatal flaws”:

(1) There is no CCF;

(2) In cases where a specimen has been collected, there is no specimen submitted with the CCF;

(3) There is no printed collector’s name and no collector’s signature;

(4) Two separate collections are performed using one CCF;

(5) The specimen ID numbers on the specimen bottle and the CCF do not match;

(6) The specimen bottle seal is broken or shows evidence of tampering (and a split specimen cannot be re-designated, see §40.83(h)); or

(7) Because of leakage or other causes, there is an insufficient amount of urine in the primary specimen bottle for analysis and the specimens cannot be re-designated (see §40.83(h)).

(c) You must report the result as provided in §40.161 .

Categories: Ask DOTti, General
Question ID:
 /459
Link Title:
 /Purchase a Dry Gas Standard
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

A Calibration Check, or Accuracy Check as it is sometimes known, is a test of your breath testing device’s ability to read a known alcohol standard within a certain tolerance.  This is accomplished by running a standard with a known alcohol concentration through the instrument’s sampling system and verifying that the result is within an acceptable tolerance range of the expected value of the standard.

If the instrument does not produce a result within the tolerances required by your testing program, the instrument must be calibrated. Calibration is the adjustment of the analytical system so that it will read a known standard properly.

Refer to your program’s Quality Assurance Program for details.

Question ID:
 /89
Link Title:
 /
Link:
 
Section:
 /201
SubPart:
 /I
Tag:
 /40.201
Article Type:
 /DRUG

As the MRO, you must cancel a drug test when a laboratory reports that any of the following problems have occurred.You must inform the DER that the test was cancelled.You must also direct the DER to ensure that an additional collection occurs immediately, if required by the applicable procedures specified in paragraphs (a) through (e) of this section.
(a) The laboratory reports an “Invalid Result.”You must follow applicable procedures in §40.159(recollection under direct observation may be required).
(b) The laboratory reports the result as “Rejected for Testing.”You must follow applicable procedures in §40.161( a recollection may be required).
(c) The laboratory reports that the split specimen failed to reconfirm all of the primary specimen results because the drug(s)/drug metabolite(s) were not detected; adulteration criteria were not met; and/or substitution criteria were not met. You must follow the applicable procedures in §40.187(b)—no recollection is required in this case, unless the split specimen creatinine concentration for a substituted primary specimen was greater than or equal to 2mg/dL but less than or equal to 5mg/dL, or the primary specimen had an invalid result which was not reported to the DER. Both these cases require recollection under direct observation.
(d) The laboratory reports that the split specimen failed to reconfirm all the primary specimen results because the split specimen was not available for testing or there was no split laboratory available to test the specimen. You must follow the applicable procedures in §40.187(e)—recollection under direct observation is required in this case.
(e) The laboratory`s test of the primary specimen is positive, adulterated, or substituted and the split specimen is unavailable for testing. You must follow applicable procedures in §40.187(d) (recollection under direct observation is required in this case).
(f) The examining physician has determined that there is an acceptable medical explanation of the employee`s failure to provide a sufficient amount of urine.You must follow applicable procedures in §40.193(d)(1) (no recollection is required in this case).

Categories: Ask DOTti, General
Question ID:
 /460
Link Title:
 /Customer Service
Link:
Section:
 /Company Information
SubPart:
 /Ordering
Tag:
 /
Article Type:
 /

You can get your order status by using the Contact Us section of our site by clicking here or, you may contact your Customer Service Representative by calling us at [+1] 314-429-4000.

If you placed your order by fax, mail or phone and included your email address on your order, please check your email for confirmation and tracking information.

If you have placed a web order with Intoximeters, you may log into your online account to view the status of your order.

Categories: General, Ordering
Question ID:
 /90
Link Title:
 /
Link:
 
Section:
 /203
SubPart:
 /I
Tag:
 /40.203
Article Type:
 /DRUG

(a) As the MRO, when a laboratory discovers a “correctable flaw” during its processing of incoming specimens (see §40.83), the laboratory will attempt to correct it.If the laboratory is unsuccessful in this attempt, it will report to you that the specimen has been “Rejected for Testing” (with the reason stated).
(b) The following is a”correctable flaw” that laboratories must attempt to correct: The collector`s signature is omitted on the certification statement on the CCF.
(c) As the MRO, when you discover a “correctable flaw” during your review of the CCF, you must cancel the test unless the flaw is corrected.
(d) The following are correctable flaws that you must attempt to correct:
(1) The employee`s signature is omitted from the certification statement, unless the employee`s failure or refusal to sign is noted on the “Remarks” line of the CCF.
(2) The certifying scientist`s signature is omitted on the laboratory copy of the CCF for a positive, adulterated, substituted, or invalid test result.
(3) The collector uses a non-Federal form or an expired CCF for the test. This flaw may be corrected through the procedure set forth in §40.205(b)(2), provided that the collection testing process has been conducted in accordance with the procedures in this part in an HHS-certified laboratory.

Categories: Ask DOTti, General
Question ID:
 /461
Link Title:
 /Where is this information in the DOT rules?
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

All Intoximeters factory-trained students are trained as Breath Alcohol Technicians and Calibration Technicians and are certified to perform all of the required functions to maintain their instruments for normal day to day operation, periodic accuracy checks, and calibration adjustments (if needed).

If you were trained as a BAT to perform tests and periodic accuracy checks, but were not certified as a Calibration Technician by the factory, then you are not authorized or certified to perform the actual calibration of the instrument. If the EBT were to require a calibration adjustment, you would have several options:

  1. Find a properly certified Cal Tech in your area (contact the Training Department),
  2. Get trained as a Cal Tech and perform the calibration yourself (view available classes),
  3. Send the instrument to Intoximeters Technical Service for calibration, or
  4. Use another properly calibrated EBT.
Categories: DOT, General
Question ID:
 /91
Link Title:
 /
Link:
 
Section:
 /205
SubPart:
 /I
Tag:
 /40.205
Article Type:
 /DRUG

(a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee.
(1) If, during or shortly after the collection process, you become aware of any event that prevents the completion of a valid test or collection (e.g., a procedural or paperwork error), you must try to correct the problem promptly, if doing so is practicable.You may conduct another collection as part of this effort.
(2) If another collection is necessary, you must begin the new collection procedure as soon as possible, using a new CCF and a new collection kit.
(b) If, as a collector, laboratory, MRO, employer, or other person implementing these drug testing regulations, you become aware of a problem that can be corrected (see §40.203), but which has not already been corrected under paragraph (a) of this section, you must take all practicable action to correct the problem so that the test is not cancelled.
(1) If the problem resulted from the omission of required information, you must, as the person responsible for providing that information, supply in writing the missing information and a statement that it is true and accurate.For example, suppose you are a collector, and you forgot to make a notation on the “Remarks” line of the CCF that the employee did not sign the certification.You would, when the problem is called to your attention, supply a signed statement that the employee failed or refused to sign the certification and that your statement is true and accurate.You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.
(2) If the problem is the use of a non-Federal form or an expired Federal form, you must provide a signed statement (i.e., a memorandum for the record). It must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control.The statement must also list the steps you have taken to prevent future use of non-Federal forms or expired Federal forms for DOT tests.For this flaw to be corrected, the test of the specimen must have occurred at a HHS-certified laboratory where it was tested consistent with the requirements of this part.You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.
(3) You must maintain the written documentation of a correction with the CCF.
(4) You must mark the CCF in such a way (e.g., stamp noting correction) as to make it obvious on the face of the CCF that you corrected the flaw.
(c) If the correction does not take place, as the MRO you must cancel the test.

Categories: Ask DOTti, General
Question ID:
 /462
Link Title:
 /
Link:
 
Section:
 /Sensing Technologies
SubPart:
 /Other
Tag:
 /
Article Type:
 /

No, Intoximeters does not utilize the tin oxide sensor in any of its EBT or PBT instrumentation. Intoximeters utilizes the electrochemical fuel cell as its primary sensor in all of its PBTs, desktop, and portable systems. With the recent acquisition of the breath testing business of National Patent Analytical Systems in March 2013, Intoximeters does employ infrared spectrometry as its primary sensor in the Intox DMT product line.

Categories: General, Other
Question ID:
 /92
Link Title:
 /
Link:
 
Section:
 /207
SubPart:
 /I
Tag:
 /40.207
Article Type:
 /DRUG

(a) A cancelled drug test is neither positive nor negative.
(1) As an employer, you must not attach to a cancelled test the consequences of a positive test or other violation of a DOT drug testing regulation (e.g., removal from a safety-sensitive position).
(2) As an employer, you must not use a cancelled test for the purposes of a negative test to authorize the employee to perform safety-sensitive functions (i.e., in the case of a pre-employment, return-to-duty, or follow-up test).
(3) However, as an employer, you must not direct a recollection for an employee because a test has been cancelled, except in the situations cited in paragraph (a)(2) of this section or other provisions of this part that require another test to be conducted (e.g., §§40.159(a)(5) and 40.187(b)(2), (c)(1), and (e)).
(b) A cancelled test does not count toward compliance with DOT requirements (e.g., being applied toward the number of tests needed to meet the employer`s minimum random testing rate).
(c) A cancelled DOT test does not provide a valid basis for an employer to conduct a non-DOT test (i.e., a test under company authority).

Categories: Ask DOTti, General
Question ID:
 /463
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Unless the rules for your program state otherwise, a calibration is only necessary when the instrument proves to be out of calibration on an accuracy check.

Question ID:
 /93
Link Title:
 /
Link:
 
Section:
 /208
SubPart:
 /I
Tag:
 /40.208
Article Type:
 /DRUG

(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that the specimen temperature on the CCF was not checked and the “Remarks” line did not contain an entry regarding the temperature being out of range, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure that the problem does not recur.
(b) This error does not result in the cancellation of the test.
(c) As an employer or service agent, this error, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or Subpart R of this part.

Categories: Ask DOTti, General
Question ID:
 /464
Link Title:
 /Contact Us
Link:
Section:
 /Company Information
SubPart:
 /Service
Tag:
 /
Article Type:
 /

Yes. Intoximeters has a number of local representatives and distributors that can provide a hands-on demonstration on our instruments and provide information on our various support services. Please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Categories: General, Service
Question ID:
 /94
Link Title:
 /
Link:
 
Section:
 /209
SubPart:
 /I
Tag:
 /40.209
Article Type:
 /DRUG

(a) As a collector, laboratory, MRO, employer or other person administering the drug testing process, you must document any errors in the testing process of which you become aware, even if they are not considered problems that will cause a test to be cancelled as listed in this subpart.Decisions about the ultimate impact of these errors will be determined by other administrative or legal proceedings, subject to the limitations of paragraph (b) of this section.
(b) No person concerned with the testing process may declare a test cancelled based on an error that does not have a significant adverse effect on the right of the employee to have a fair and accurate test.Matters that do not result in the cancellation of a test include, but are not limited to, the following:
(1) A minor administrative mistake (e.g., the omission of the employee`s middle initial, a transposition of numbers in the employee`s social security number);
(2) An error that does not affect employee protections under this part (e.g., the collector`s failure to add bluing agent to the toilet bowl, which adversely affects only the ability of the collector to detect tampering with the specimen by the employee);
(3) The collection of a specimen by a collector who is required to have been trained (see §40.33 ), but who has not met this requirement;
(4) A delay in the collection process (see §40.61(a));
(5) Verification of a test result by an MRO who has the basic credentials to be qualified as an MRO (see §40.121(a) through (b)) but who has not met training and/or documentation requirements (see §40.121(c) through (e));
(6) The failure to directly observe or monitor a collection that the rule requires or permits to be directly observed or monitored, or the unauthorized use of direct observation or monitoring for a collection;
(7) The fact that a test was conducted in a facility that does not meet the requirements of §40.41 ;
(8) If the specific name of the courier on the CCF is omitted or erroneous;
(9) Personal identifying information is inadvertently contained on the CCF (e.g., the employee signs his or her name on the laboratory copy); or
(10) Claims that the employee was improperly selected for testing.
(c) As an employer or service agent, these types of errors, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or actions under Subpart R of this part.

Categories: Ask DOTti, General
Question ID:
 /465
Link Title:
 /Office of Drug & Alcohol Policy & Compliance
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

No, however you must be trained by an individual with at least one year of experience performing DOT tests or someone who has passed a Train The Trainer class. Additionally, the instructor must follow either the DOT Model course for training or an equivalent class curriculum. The DOT Model Course is available through the DOT website.

As long as you have been regularly conducting alcohol tests with your Intoximeters equipment for at least one year and are thoroughly familiar with the current DOT regulations regarding alcohol testing, you may train others as BATs.  You must insure that you train others according to the latest DOT regulations contained in 49 CFR Part 40 and the DOT Model Course.  The best way to obtain that information is through a factory Instructor course, but Intoximeters does offer training materials to help with the instruction of BATs.

Please keep in mind that anyone who performs a calibration on the equipment must have a certificate issued by the manufacturer (49 CFR Part 40.233).  So, Intoximeters requires that anyone who trains Calibration Technicians must maintain a current Intoximeters Instructor certification.

Click here for a summary of general training information (pdf format).

Question ID:
 /95
Link Title:
 /
Link:
 
Section:
 /211
SubPart:
 /J
Tag:
 /40.211
Article Type:
 /ALCOHOL

(a) Screening test technicians (STTs) and breath alcohol technicians (BATs) meeting their respective requirements of this subpart are the only people authorized to conduct DOT alcohol tests.
(b) An STT can conduct only alcohol screening tests, but a BAT can conduct alcohol screening and confirmation tests.
(c) As a BAT- or STT-qualified immediate supervisor of a particular employee, you may not act as the STT or BAT when that employee is tested, unless no other STT or BAT is available and DOT agency regulations do not prohibit you from doing so.

Categories: Ask DOTti, General
Question ID:
 /466
Link Title:
 /NHTSA Evidential CPL
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Our DOT-approved evidential breath analyzers, if properly calibrated, meet and exceed the DOT requirements of producing results within the greater of plus or minus 5% or .005 of a known alcohol standard.

Question ID:
 /96
Link Title:
 /
Link:
 
Section:
 /213
SubPart:
 /J
Tag:
 /40.213
Article Type:
 /ALCOHOL

To be permitted to act as a BAT or STT in the DOT alcohol testing program, you must meet each of the requirements of this section:

(a) Basic information. You must be knowledgeable about the alcohol testing procedures in this part and the current DOT guidance. These documents and information are available from ODAPC (Department of Transportation,

1200 New Jersey Avenue, SE, Washington DC, 20590

, 202–366–3784, or on the ODAPC web site, http://www.dot.gov/ost/dapc)).

(b) Qualification training. You must receive qualification training meeting the requirements of this paragraph (b).

(1) Qualification training must be in accordance with the DOT Model BAT or STT Course, as applicable. The DOT Model Courses are available from ODAPC (Department of Transportation,

1200 New Jersey Avenue, SE, Washington, DC 20590

, 202–366–3784, or on the ODAPC web site, http://www.dot.gov/ost/dapc). The training can also be provided using a course of instruction equivalent to the DOT Model Courses. On request, ODAPC will review BAT and STT instruction courses for equivalency.

(2) Qualification training must include training to proficiency in using the alcohol testing procedures of this part and in the operation of the particular alcohol testing device(s) (i.e., the ASD(s) or EBT(s)) you will be using.

(3) The training must emphasize that you are responsible for maintaining the integrity of the testing process, ensuring the privacy of employees being tested, and avoiding conduct or statements that could be viewed as offensive or inappropriate.

(4) The instructor must be an individual who has demonstrated necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests as an STT or BAT, as applicable, for a period of at least a year, who has conducted STT or BAT training, as applicable, under this part for a year, or who has successfully completed a “train the trainer” course.

(c) Initial Proficiency Demonstration. Following your completion of qualification training under paragraph (b) of this section, you must demonstrate proficiency in alcohol testing under this part by completing seven consecutive error-free mock tests (BATs) or five consecutive error-free tests (STTs).

(1) Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between the instructor and trainee, and attest in writing that the mock collections are “error-free.” This person must be an individual who meets the requirements of paragraph (b)(4) of this section.

(2) These tests must use the alcohol testing devices (e.g., EBT(s) or ASD(s)) that you will use as a BAT or STT.

(3) If you are an STT who will be using an ASD that indicates readings by changes, contrasts, or other readings in color, you must demonstrate as part of the mock test that you are able to discern changes, contrasts, or readings correctly.

(d) Schedule for qualification training and initial proficiency demonstration. The following is the schedule for qualification training and the initial proficiency demonstration you must meet:

(1) If you became a BAT or STT before August 1, 2001, you were required to have met the requirements set forth in paragraphs (b) and (c) of this section, and you do not have to meet them again.

(2) If you become a BAT or STT on or after August 1, 2001, you must meet the requirements of paragraphs (b) and (c) of this section before you begin to perform BAT or STT functions.

(e) Refresher training. No less frequently than every five years from the date on which you satisfactorily complete the requirements of paragraphs (b) and (c) of this section, you must complete refresher training that meets all the requirements of paragraphs (b) and (c) of this section. If you are a BAT or STT who completed qualification training before January 1, 1998, you are not required to complete refresher training until January 1, 2003.

(f) Error Correction Training. If you make a mistake in the alcohol testing process that causes a test to be cancelled (i.e., a fatal or uncorrected flaw), you must undergo error correction training. This training must occur within 30 days of the date you are notified of the error that led to the need for retraining.

(1) Error correction training must be provided and your proficiency documented in writing by a person who meets the requirements of paragraph (b)(4) of this section.

(2) Error correction training is required to cover only the subject matter area(s) in which the error that caused the test to be cancelled occurred.

(3) As part of the error correction training, you must demonstrate your proficiency in the alcohol testing procedures of this part by completing three consecutive error-free mock tests. The mock tests must include one uneventful scenario and two scenarios related to the area(s) in which your error(s) occurred. The person providing the training must monitor and evaluate your performance and attest in writing that the mock tests were error-free.

(g) Documentation. You must maintain documentation showing that you currently meet all requirements of this section. You must provide this documentation on request to DOT agency representatives and to employers and C/TPAs who are negotiating to use your services.

(h) Other persons who may serve as BATs or STTs. (1) Anyone meeting the requirements of this section to be a BAT may act as an STT, provided that the individual has demonstrated initial proficiency in the operation of the ASD that he or she is using, as provided in paragraph (c) of this section.

(2) Law enforcement officers who have been certified by state or local governments to conduct breath alcohol testing are deemed to be qualified as BATs. They are not required to also complete the training requirements of this section in order to act as BATs. In order for a test conducted by such an officer to be accepted under DOT alcohol testing requirements, the officer must have been certified by a state or local government to use the EBT or ASD that was used for the test.

Categories: Ask DOTti, General
Question ID:
 /467
Link Title:
 /Technical Support
Link:
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

One year on products that carry the Intoximeters name.

Categories: General, General
Question ID:
 /97
Link Title:
 /
Link:
 
Section:
 /215
SubPart:
 /J
Tag:
 /40.215
Article Type:
 /ALCOHOL

As an employer, you must provide to the STTs and BATs the name and telephone number of the appropriate DER (and C/TPA, where applicable) to contact about any problems or issues that may arise during the testing process.

Categories: Ask DOTti, General
Question ID:
 /468
Link Title:
 /General Training Requirements
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

You can get trained by Intoximeters directly at any of our scheduled courses.  Alternatively, other customers who have been through our factory Instructor course and maintained a current factory Instructor status can train Calibration Technicians.

You can request a list of potential instructors in your state through the Training Department.

Question ID:
 /98
Link Title:
 /
Link:
 
Section:
 /217
SubPart:
 /J
Tag:
 /40.217
Article Type:
 /ALCOHOL

You can find other information on the role and functions of STTs and BATs in the following sections of this part:
§40.3 – definitions.
§40.223 – responsibility for supervising employees being tested.
§§40.225 – 40.227 – use of the alcohol testing form.
§§40.241 – 40.245 – screening test procedures with ASDs and EBTs.
§§40.251 – 40.255 – confirmation test procedures.
§40.261 – refusals to test.
§§40.263 – 40.265 – insufficient saliva or breath.
§40.267 – problems requiring cancellation of tests.
§§40.269 – 40.271 – correcting problems in tests.

Categories: Ask DOTti, General
Question ID:
 /469
Link Title:
 /Blood Alcohol Concentration Limits
Link:
Section:
 /Alcohol Testing
SubPart:
 /
Tag:
 /
Article Type:
 /

Many methods of expressing blood alcohol concentration are in use throughout the world and converting from one to another can be quite confusing.  Check with the regulating agency for your testing program to determine what specific unit of measure is used in your jurisdiction.

One jurisdiction may express a concentration of 80 milligrams (mg) of alcohol in 100 mL of blood as 80mg%. Since 80 mg is 0.08 grams, 0.08 grams of alcohol in 100 mL may be written as 0.08%. In other words, 80 mg% is equal to 0.08% which is equal to 80 mg/dL (deciliter = 100 mL).  This value can also be described as 0.08 BAC.   In the UK the same concentration is expressed as 34.78 ug/100mL.

Even within the United States, various units may be used.  You may see results expressed in blood units (grams/100mL of blood or milligrams/dL of blood) or as breath units (grams/210L of breath).

Question ID:
 /99
Link Title:
 /
Link:
 
Section:
 /221
SubPart:
 /K
Tag:
 /40.221
Article Type:
 /ALCOHOL

(a) A DOT alcohol test must take place at an alcohol testing site meeting the requirements of this section.
(b) If you are operating an alcohol testing site, you must ensure that it meets the security requirements of §40.223 .
(c) If you are operating an alcohol testing site, you must ensure that it provides visual and aural privacy to the employee being tested, sufficient to prevent unauthorized persons from seeing or hearing test results.
(d) If you are operating an alcohol testing site, you must ensure that it has all needed personnel, materials, equipment, and facilities to provide for the collection and analysis of breath and/or saliva samples, and a suitable clean surface for writing.
(e) If an alcohol testing site fully meeting all the visual and aural privacy requirements of paragraph (c) is not readily available, this part allows a reasonable suspicion or post-accident test to be conducted at a site that partially meets these requirements.In this case, the site must afford visual and aural privacy to the employee to the greatest extent practicable.
(f) An alcohol testing site can be in a medical facility, a mobile facility (e.g., a van), a dedicated collection facility, or any other location meeting the requirements of this section.

Categories: Ask DOTti, General
Question ID:
 /470
Link Title:
 /Technical Support
Link:
Section:
 /Company Information
SubPart:
 /Warranty
Tag:
 /NULL
Article Type:
 /NULL

Parts and Labor

Categories: General, General
Question ID:
 /100
Link Title:
 /
Link:
 
Section:
 /223
SubPart:
 /K
Tag:
 /40.223
Article Type:
 /ALCOHOL

(a) If you are a BAT, STT, or other person operating an alcohol testing site, you must prevent unauthorized personnel from entering the testing site.
(1) The only people you are to treat as authorized persons are employees being tested, BATs, STTs, and other alcohol testing site workers, DERs, employee representatives authorized by the employer (e.g., on the basis of employer policy or labor-management agreement), and DOT agency representatives.
(2) You must ensure that all persons are under the supervision of a BAT or STT at all times when permitted into the site.
(3) You may remove any person who obstructs, interferes with, or causes unnecessary delay in the testing process.
(b) As the BAT or STT, you must not allow any person other than you, the employee, or a DOT agency representative to actually witness the testing process (see §§40.241 – 40.255).
(c) If you are operating an alcohol testing site, you must ensure that when an EBT or ASD is not being used for testing, you store it in a secure place.
(d) If you are operating an alcohol testing site, you must ensure that no one other than BATs or other employees of the site have access to the site when an EBT is unsecured.
(e) As a BAT or STT, to avoid distraction that could compromise security, you are limited to conducting an alcohol test for only one employee at a time.
(1) When an EBT screening test on an employee indicates an alcohol concentration of 0.02 or higher, and the same EBT will be used for the confirmation test, you are not allowed to use the EBT for a test on another employee before completing the confirmation test on the first employee.
(2) As a BAT who will conduct both the screening and the confirmation test, you are to complete the entire screening and confirmation process on one employee before starting the screening process on another employee.
(3) You are not allowed to leave the alcohol testing site while the testing process for a given employee is in progress, except to notify a supervisor or contact a DER for assistance in the case an employee or other person who obstructs, interferes with, or unnecessarily delays the testing process.

Categories: Ask DOTti, General
Question ID:
 /471
Link Title:
 /Training
Link:
Section:
 /Alcohol Testing
SubPart:
 /DOT
Tag:
 /
Article Type:
 /

All Calibration Technicians must be the actual manufacturer or a maintenance representative certified either by the manufacturer or by a state health agency or other appropriate state agency.   Therefore, unless you are an appropriate state agency, you must be authorized by the manufacturer to offer training for Calibration Technicians.  This is accomplished by attending a factory BAT/EBT/Cal Tech Instructor Course.

Question ID:
 /101
Link Title:
 /
Link:
 
Section:
 /225
SubPart:
 /K
Tag:
 /40.225
Article Type:
 /ALCOHOL

(a) The DOT Alcohol Testing Form (ATF) must be used for every DOT alcohol test. The ATF must be a three-part carbonless manifold form. The ATF is found in Appendix G to this part. You may view this form on the ODAPC web site (http://www.transportation.gov/odapc).
(b) As an employer in the DOT alcohol testing program, you are not permitted to modify or revise the ATF except as follows:
(1) You may include other information needed for billing purposes, outside theboundaries of the form.
(2) You may use a ATF directly generated by an EBT which omits the space for affixing a separate printed result to the ATF, provided the EBT prints the result directly on the ATF.
(3) You may use an ATF that has the employer`s name, address, and telephone number preprinted.In addition, a C/TPA`s name, address, and telephone number may be included, to assist with negative results.
(4) You may use an ATF in which all pages are printed on white paper.You may modify the ATF by using colored paper, or have clearly discernable borders or designation statements on Copy 2 and Copy 3.When colors are used, they must green for Copy 2 and blue for Copy 3.
(5) As a BAT or STT, you may add, on the “Remarks” line of the ATF, the name of the DOT agency under whose authority the test occurred.
(6) As a BAT or STT, you may use a ATF that has your name, address, and telephone number preprinted, but under no circumstances can your signature be preprinted.
(c) As an employer, you may use an equivalent foreign-language version of the ATF approved by ODAPC.You may use such a non-English language form only in a situation where both the employee and BAT/STT understand and can use the form in that language.

Categories: Ask DOTti, General
Question ID:
 /472
Link Title:
 /Technical Support
Link:
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

90 days on the replaced components

Categories: General, General
Question ID:
 /102
Link Title:
 /
Link:
 
Section:
 /227
SubPart:
 /K
Tag:
 /40.227
Article Type:
 /ALCOHOL

(a) No, as an employer, BAT, or STT, you are prohibited from using the ATF for non-DOT alcohol tests.You are also prohibited from using non-DOT forms for DOT alcohol tests.Doing either subjects you to enforcement action under DOT agency regulations.
(b) If the STT or BAT, either by mistake, or as the only means to conduct a test under difficult circumstances (e.g., post-accident test with insufficient time to obtain the ATF), uses a non-DOT form for a DOT test, the use of a non-DOT form does not, in and of itself, require the employer or service agent to cancel the test.However, in order for the test to be considered valid, a signed statement must be obtained from the STT or BAT in accordance with §40.271(b) .

Categories: Ask DOTti, General
Question ID:
 /473
Link Title:
 /
Link:
 
Section:
 /Alcohol Testing
SubPart:
 /NON-DOT
Tag:
 /
Article Type:
 /

Each company will write or adopt its own set of rules/policies that conforms to state law.  Many companies consult with legal counsel specializing in employment law when establishing a company policy regarding drug and alcohol testing.

We found a collection of different state’s laws at www.testcountry.com/StateLaws/
Please note that this link will take you outside of our website and we have not verified the authenticity of the data provided there.

Categories: General, NON-DOT
Question ID:
 /103
Link Title:
 /
Link:
 
Section:
 /229
SubPart:
 /K
Tag:
 /40.229
Article Type:
 /ALCOHOL

ASDs listed on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” and EBTs listed on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” are the only devices you are allowed to use to conduct alcohol screening tests under this part. You may use an ASD for DOT alcohol tests only if there are instructions for its use in this part. An ASD can be used only for screening tests for alcohol, and must not be used for confirmation tests.

Categories: Ask DOTti, General
Question ID:
 /474
Link Title:
 /Technical Support
Link:
Section:
 /
SubPart:
 /
Tag:
 /
Article Type:
 /

The components that were repaired or replaced

Categories: General, General
Question ID:
 /104
Link Title:
 /
Link:
 
Section:
 /231
SubPart:
 /K
Tag:
 /40.231
Article Type:
 /ALCOHOL

(a) EBTs on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” that meet the requirements of paragraph (b) of this section are the only devices you may use to conduct alcohol confirmation tests under this part.
(b) To conduct a confirmation test, you must use an EBT that has the following capabilities:
(1) Provides a printed triplicate result (or three consecutive identical copies of a result) of each breath test;
(2) Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the result;
(3) Prints, on each copy of the result, the manufacturer`s name for the device, its serial number, and the time of the test;
(4) Distinguishes alcohol from acetone at the 0.02 alcohol concentration level;
(5) Tests an air blank; and
(6) Performs an external calibration check.

Categories: Ask DOTti, General
Question ID:
 /475
Link Title:
 /Summary of NRC Procedures
Link:
Section:
 /Alcohol Testing
SubPart:
 /NON-DOT
Tag:
 /
Article Type:
 /

No.  The NRC has a Fitness For Duty program that includes drug and alcohol testing.  The rules were recently changed to be more in-line with the DOT procedures, but there are differences.  Click on the link below for a summary of the NRC alcohol testing procedures.

More information regarding NRC testing can be found in the Training section of this website.  Any of our workplace training courses can provide instruction on alcohol testing under the NRC rules as well.

Categories: General, NON-DOT
Question ID:
 /105
Link Title:
 /
Link:
 
Section:
 /233
SubPart:
 /K
Tag:
 /40.233
Article Type:
 /ALCOHOL

(a) As an EBT manufacturer, you must submit, for NHTSA approval, a quality assurance plan (QAP) for your EBT before ODAPC places the EBT on its Web page for “Approved Evidential Breath Measurement Devices.”
(1) Your QAP must specify the methods used to perform external calibration checks on the EBT, the tolerances within which the EBT is regarded as being in proper calibration, and the intervals at which these checks must be performed.In designating these intervals, your QAP must take into account factors like frequency of use, environmental conditions (e.g., temperature, humidity, altitude) and type of operation (e.g., stationary or mobile).
(2) Your QAP must also specify the inspection, maintenance, and calibration requirements and intervals for the EBT.
(b) As the manufacturer, you must include, with each EBT, instructions for its use and care consistent with the QAP.
(c) As the user of the EBT (e.g., employer, service agent), you must do the following:
(1) You must follow the manufacturer`s instructions (see paragraph (b) of this section), including performance of external calibration checks at the intervals the instructions specify.
(2) In conducting external calibration checks, you must use only calibration devices appearing on NHTSA`s CPL for “Calibrating Units for Breath Alcohol Tests.”
(3) If an EBT fails an external check of calibration, you must take the EBT out of service.You may not use the EBT again for DOT alcohol testing until it is repaired and passes an external calibration check.
(4) You must maintain records of the inspection, maintenance, and calibration of EBTs as provided in §40.333(a)(3).
(5) You must ensure that inspection, maintenance, and calibration of the EBT are performed by its manufacturer or a maintenance representative certified either by the manufacturer or by a state health agency or other appropriate state agency.

Categories: Ask DOTti, General
Question ID:
 /476
Link Title:
 /Technical Service
Link:
Section:
 /Company Information
SubPart:
 /Service Contracts
Tag:
 /
Article Type:
 /

Intoximeters, Inc. offers a full range of Technical Support Services to support your program needs and instrumentation purchases. These services include: factory repair, telephone support, web-based trouble shooting, preventative maintenance programs including Extended Warranties, Factory Recertifications, Calibration Contracts and Software Products support.

Intoximeters’ Technical Services are performed in an ISO 17025 accredited environment in our Saint Louis, MO headquarters and in an ISO 17025, UKAS accredited environment in our Intox UK Ltd. facility. Repairs from either of our facilities are backed by a Repair Warranty to further support your program needs.

For more information on our Technical Support Services you may directly e-mail our Technical Services Support Staff by clicking here.

If you have questions or need additional information on Intoximeters technical services, please contact your local representative by using the Contact Us section of our website or contacting our Customer Service Department at [+1] (314) 429-4000.

Question ID:
 /106
Link Title:
 /
Link:
 
Section:
 /235
SubPart:
 /K
Tag:
 /40.235
Article Type:
 /ALCOHOL

(a) As an ASD manufacturer, you must submit, for NHTSA approval, a QAP for your ASD before NHTSA approves it and ODAPC places the device on its Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids”. Your QAP must specify the methods used for quality control checks, temperatures at which the ASD must be stored and used, the shelf life of the device, and environmental conditions (e.g., temperature, altitude, humidity) that may affect the ASD’s performance.
(b) As a manufacturer, you must include with each ASD instructions for its use and care consistent with the QAP.The instructions must include directions on the proper use of the ASD, and, where applicable the time within which the device must be read, and the manner in which the reading is made.
(c) As the user of the ADS (e.g., employer, STT), you must follow the QAP instructions.
(d) You are not permitted to use an ASD that does not pass the specified quality control checks or that has passed its expiration date.
(e) As an employer, with respect to breath ASDs, you must also follow the device use and care requirements of §40.233 .

Categories: Ask DOTti, General
Question ID:
 /477
Link Title:
 /NRC Final Rule Fitness-For-Duty
Link:
Section:
 /Alcohol Testing
SubPart:
 /NON-DOT
Tag:
 /
Article Type:
 /

Try the Nuclear Regulatory Commission’s website at the link below.  The Training section of this website also has more information regarding the NRC program.

Categories: General, NON-DOT
Question ID:
 /107
Link Title:
 /
Link:
 
Section:
 /241
SubPart:
 /L
Tag:
 /40.241
Article Type:
 /ALCOHOL

As the BAT or STT you will take the following steps to begin all alcohol screening tests, regardless of the type of testing device you are using:
(a) When a specific time for an employee`s test has been scheduled, or the collection site is at the employee`s worksite, and the employee does not appear at the collection site at the scheduled time, contact the DER to determine the appropriate interval within which the DER has determined the employee is authorized to arrive.If the employee`s arrival is delayed beyond that time, you must notify the DER that the employee has not reported for testing. In a situation where a C/TPA has notified an owner/operator or other individual employee to report for testing and the employee does not appear, the C/TPA must notify the employee that he or she has refused to test.
(b) Ensure that, when the employee enters the alcohol testing site, you begin the alcohol testing process without undue delay.For example, you must not wait because the employee says he or she is not ready or because an authorized employer or employee representative is delayed in arriving.
(1) If the employee is also going to take a DOT drug test, you must, to the greatest extent practicable, ensure that the alcohol test is completed before the urine collection process begins.
(2) If the employee needs medical attention (e.g., an injured employee in an emergency medical facility who is required to have a post-accident test), do not delay this treatment to conduct a test.
(c) Require the employee to provide positive identification.You must see a photo ID issued by the employer (other than in the case of an owner-operator or other self-employer individual) or a Federal, state, or local government (e.g., a driver`s license).You may not accept faxes or photocopies of identification.Positive identification by an employer representative (not a co-worker or another employee being tested) is also acceptable.If the employee cannot produce positive identification, you must contact a DER to verify the identity of the employee.
(d) If the employee asks, provide your identification to the employee.Your identification must include your name and your employer`s name but is not required to include your picture, address, or telephone number.
(e) Explain the testing procedure to the employee, including showing the employee the instructions on the back of the ATF.
(f) Complete Step 1 of the ATF.
(g) Direct the employee to complete Step 2 on the ATF and sign the certification.If the employee refuses to sign this certification, you must document this refusal on the “Remarks” line of the ATF and immediately notify the DER. This is a refusal to test.

Categories: Ask DOTti, General
Question ID:
 /478
Link Title:
 /Warranty
Link:
Section:
 /Company Information
SubPart:
 /Service Contracts
Tag:
 /
Article Type:
 /

If the Extended Warranty is purchased at the time of sale or before the original warranty expires, the extended warranty is added automatically.  If your instrument is out of warranty it must be returned to the factory for inspection prior to Intoximeters contracting to provide the extended warranty.

Extended warranties/service contracts are priced based on which Intoximeters instrument you own.  You can view more information about service contracts through the Technical Services section of our website.

Question ID:
 /108
Link Title:
 /
Link:
 
Section:
 /243
SubPart:
 /L
Tag:
 /40.243
Article Type:
 /ALCOHOL

As the BAT or STT, you must take the following steps:
(a) Select, or allow the employee to select, an individually wrapped or sealed mouthpiece from the testing materials.
(b) Open the individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer`s instructions.
(c) Instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.
(d) Show the employee the displayed test result.
(e) If the device is one that prints the test number, testing device name and serial number, time, and result directly onto the ATF, you must check to ensure that the information has been printed correctly onto the ATF.
(f) If the device is one that prints the test number, testing device name and serial number, time and result, but on a separate printout rather than directly onto the ATF, you must affix the printout of the information to the designated space on the ATF with tamper-evident tape or use a self-adhesive label that is tamper-evident.
(g) If the device is one that does not print the test number, testing device name and serial number, time, and result, or it is a device not being used with a printer, you must record this information in Step 3 of the ATF.

Categories: Ask DOTti, General
Question ID:
 /479
Link Title:
 /Training Information
Link:
Section:
 /Training
SubPart:
 /
Tag:
 /
Article Type:
 /

Only Intoximeters Master Trainers.

Calibration Technicians must be trained by the manufacturer or a maintenance representative certified by the manufacturer or by a state health agency or other appropriate state agency.   Therefore, unless you are an appropriate state agency, you must be authorized by the manufacturer to offer training for Calibration Technicians.  This is accomplished by attending a factory BAT/EBT/Cal Tech Instructor Course.

Question ID:
 /109
Link Title:
 /
Link:
 
Section:
 /245
SubPart:
 /L
Tag:
 /40.245
Article Type:
 /ALCOHOL

                (a) As the STT or BAT, you must take the following steps when using the saliva ASD:

(1) Check the expiration date on the device or on the package containing the device and show it to the employee. You may not use the device after its expiration date.

(2) Open an individually wrapped or sealed package containing the device in the presence of the employee.

(3) Offer the employee the opportunity to use the device. If the employee uses it, you must instruct the employee to insert it into his or her mouth and use it in a manner described by the device’s manufacturer.

(4) If the employee chooses not to use the device, or in all cases in which a new test is necessary because the device did not activate (see paragraph (a)(7) of this section), you must insert the device into the employee’s mouth and gather saliva in the manner described by the device’s manufacturer. You must wear single-use examination or similar gloves while doing so and change them following each test.

(5) When the device is removed from the employee’s mouth, you must follow the manufacturer’s instructions regarding necessary next steps in ensuring that the device has activated.

(6)(i) If you were unable to successfully follow the procedures of paragraphs (a)(3) through (a)(5) of this section (e.g., the device breaks, you drop the device on the floor), you must discard the device and conduct a new test using a new device.

(ii) The new device you use must be one that has been under your control or that of the employee before the test.

(iii) You must note on the “Remarks” line of the ATF the reason for the new test. (Note: You may continue using the same ATF with which you began the test.)

(iv) You must offer the employee the choice of using the device or having you use it unless the employee, in the opinion of the STT or BAT, was responsible (e.g., the employee dropped the device) for the new test needing to be conducted.

(v) If you are unable to successfully follow the procedures of paragraphs (a)(3) through (a)(5) of this section on the new test, you must end the collection and put an explanation on the “Remarks” line of the ATF.

(vi) You must then direct the employee to take a new test immediately, using an EBT for the screening test.

(7) If you are able to successfully follow the procedures of paragraphs (a)(3)—(a)(5) of this section, but the device does not activate, you must discard the device and conduct a new test, in the same manner as provided in paragraph (a)(6) of this section. In this case, you must place the device into the employee’s mouth to collect saliva for the new test.

(8) You must read the result displayed on the device no sooner than the device’s manufacturer instructs. In all cases the result displayed must be read within 15 minutes of the test. You must then show the device and it’s reading to the employee and enter the result on the ATF.

(9) You must never re-use devices, swabs, gloves or other materials used in saliva testing.

(10) You must note the fact that you used a saliva ASD in Step 3 of the ATF.

(b) As the STT or BAT, you must take the following steps when using the breath tube ASD:

(1) Check the expiration date on the detector device and the electronic analyzer or on the package containing the device and the analyzer and show it to the employee. You must not use the device or the analyzer after their expiration date. You must not use an analyzer which is not specifically pre-calibrated for the device being used in the collection.

(2) Remove the device from the package and secure an inflation bag onto the appropriate end of the device, as directed by the manufacturer on the device’s instructions.

(3) Break the tube’s ampoule in the presence of the employee.

(4) Offer the employee the opportunity to use the device. If the employee chooses to use (e.g. hold) the device, instruct the employee to blow forcefully and steadily into the blowing end of device until the inflation bag fills with air (approximately 12 seconds).

(5) If the employee chooses not to hold the device, you must hold it and provide the use instructions in paragraph (b)(4) of this section.

(6) When the employee completes the breath process, take the device from the employee (or if you were holding it, remove it from the employee’s mouth), remove the inflation bag, and prepare the device to be read by the analyzer in accordance with the manufacturer’s directions.

(7)(i) If you were unable to successfully follow the procedures of paragraphs (b)(4) through (b)(6) of this section (e.g., the device breaks apart, the employee did not fill the inflation bag), you must discard the device and conduct a new test using a new one.

(ii) The new device you use must be one that has been under your control or that of the employer before the test.

(iii) You must note on the “Remarks” line of the ATF the reason for the new test. (Note: You may continue using the same ATF with which you began the test.)

(iv) You must offer the employee the choice of holding the device or having you hold it unless the employee, in the your opinion, was responsible (e.g., the employee failed to fill the inflation bag) for the new test needing to be conducted.

(v) If you are unable to successfully follow the procedures of paragraphs (b)(4) through (b)(6) of this section on the new test, you must end the collection and put an explanation on the “Remarks” line of the ATF.

(vi) You must then direct the employee to take a new test immediately, using another type of ASD (e.g., saliva device) or an EBT.

(8) If you were able to successfully follow the procedures of paragraphs (b)(4) through (b)(6) of this section and after having waited the required amount of time directed by the manufacturer for the detector device to incubate, you must place the device in the analyzer in accordance with the manufacturer’s directions. The result must be read from the analyzer no earlier then the required incubation time of the device. In all cases, the result must be read within 15 minutes of the test.

(9) You must follow the manufacturer’s instructions for determining the result of the test. You must show the analyzer result to the employee and record the result on Step 3 of the ATF.

(10) You must never re-use detector devices or any gloves used in breath tube testing. The inflation bag must be voided of air following removal from a device. Inflation bags and electronic analyzers may be re-used but only in accordance with the manufacturer’s directions.

(11) You must note the fact that you used a breath tube device in Step 3 of the ATF.

Categories: Ask DOTti, General
Question ID:
 /480
Link Title:
 /International Organization of Legal Metrology
Link:
Section:
 /Alcohol Testing
SubPart:
 /NON-DOT
Tag:
 /
Article Type:
 /

The Organisation Internationale de Metrologie Legale (aka OIML) is an internationally based, intergovernmental treaty organization that promotes harmonization of legal metrology procedures for approval of legal measuring instruments and devices.

In regards to breath alcohol instruments, the OIML has released a ‘recommendation’ for Evidential Breath Alcohol Instruments under their R-126 document.  As a ‘recommendation’ this document is designed to provide guidelines for a minimum standard to approve evidential breath alcohol instruments.  The individual program must decide which of these procedures they will implement based on their unique breath testing needs.

The document can be obtained directly from OIML’s website by using the links below.

Categories: General, NON-DOT
Question ID:
 /110
Link Title:
 /
Link:
 
Section:
 /247
SubPart:
 /L
Tag:
 /40.247
Article Type:
 /ALCOHOL

(a) If the test result is an alcohol concentration of less than 0.02, as the BAT or STT, you must do the following:
(1) Sign and date Step 3 of the ATF; and
(2) Transmit the result to the DER in a confidential manner, as provided in §40.255 .
(b) If the test result is an alcohol concentration of 0.02 or higher, as the BAT or STT, you must direct the employee to take a confirmation test.
(1) If you are the BAT who will conduct the confirmation test, you must then conduct the test using the procedures beginning at §40.251 .
(2) If you are not the BAT who will conduct the confirmation test, direct the employee to take a confirmation test, sign and date Step 3 of the ATF, and give the employee Copy 2 of the ATF.
(3) If the confirmation test will be performed at a different site from the screening test, you must take the following additional steps:
(i) Advise the employee not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch;
(ii) Tell the employee the reason for the waiting period required by §40.251(a)(i.e., to prevent an accumulation of mouth alcohol from leading to an artificially high reading);
(iii) Explain that following your instructions concerning the waiting period is to the employee`s benefit;
(iv) Explain that the confirmation test will be conducted at the end of the waiting period, even if the instructions have not been followed;
(v) Note on the “Remarks” line of the ATF that the waiting period instructions were provided;
(vi) Instruct the person accompanying the employee to carry a copy of the ATF to the BAT who will perform the confirmation test; and
(vii) Ensure that you or another BAT, STT, or employer representative observe the employee as he or she is transported to the confirmation testing site.You must direct the employee not to attempt to drive a motor vehicle to the confirmation testing site.
(c) If the screening test is invalid, you must, as the BAT or STT, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF.If practicable, repeat the testing process (see §40.271 ).

Categories: Ask DOTti, General
Question ID:
 /481
Link Title:
 /Factory Recertification
Link:
Section:
 /Company Information
SubPart:
 /Service Contracts
Tag:
 /
Article Type:
 /

Factory Recertification is a recommended preventive maintenance program that provides a thorough evaluation of your instrument and, if required, adjustments to ensure the instrument complies with our strict factory specifications. 

Intoximeters believes that Factory Recertification will lengthen the life of your instrument as well as enhance the integrity of your testing program. The Intoximeters Quality Assurance Plan (developed for the U.S. Department of Transportation testing program) recommends that an instrument be inspected by a certified technician at least once every two years in service.
For more information, click on Factory Recertification below. You may also contact us by clicking on the link below or calling us at +1 314-429-4000.

Question ID:
 /111
Link Title:
 /
Link:
 
Section:
 /251
SubPart:
 /M
Tag:
 /40.251
Article Type:
 /ALCOHOL

As the BAT for an alcohol confirmation test, you must follow these steps to begin the confirmation test process:
(a) You must carry out a requirement for a waiting period before the confirmation test, by taking the following steps:
(1) You must ensure that the waiting period lasts at least 15 minutes, starting with the completion of the screening test.After the waiting period has elapsed, you should begin the confirmation test as soon as possible, but not more than 30 minutes after the completion of the screening test.
(i) If the confirmation test is taking place at a different location from the screening test (see §40.247(b)(3)) the time of transit between sites counts toward the waiting period if the STT or BAT who conducted the screening test provided the waiting period instructions.
(ii) If you cannot verify, through review of the ATF, that waiting period instructions were provided, then you must carry out the waiting period requirement.
(iii) You or another BAT or STT, or an employer representative, must observe the employee during the waiting period.
(2) Concerning the waiting period, you must tell the employee:
(i) Not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch;
(ii) The reason for the waiting period (i.e., to prevent an accumulation of mouth alcohol from leading to an artificially high reading);
(iii) That following your instructions concerning the waiting period is to the employee`s benefit; and
(iv) That the confirmation test will be conducted at the end of the waiting period, even if the instructions have not been followed.
(3) If you become aware that the employee has not followed the instructions, you must note this on the “Remarks” line of the ATF.
(b) If you did not conduct the screening test for the employee, you must require positive identification of the employee, explain the confirmation procedures, and use a new ATF.You must note on the “Remarks” line of the ATF that a different BAT or STT conducted the screening test.
(c) Complete Step 1 of the ATF.
(d) Direct the employee to complete Step 2 on the ATF and sign the certification.If the employee refuses to sign this certification, you must document this refusal on the “Remarks” line of the ATF and immediately notify the DER. This is a refusal to test.
(e) Even if more than 30 minutes have passed since the screening test result was obtained, you must begin the confirmation test procedures in §40.253 , not another screening test.
(f) You must note on the “Remarks” line of the ATF the time that elapsed between the two events, and if the confirmation test could not begin within 30 minutes of the screening test, the reason why.
(g) Beginning the confirmation test procedures after the 30 minutes have elapsed does not invalidate the screening or confirmation tests, but it may constitute a regulatory violation subject to DOT agency sanction.

Categories: Ask DOTti, General
Question ID:
 /482
Link Title:
 /International Organization of Legal Metrology
Link:
Section:
 /Alcohol Testing
SubPart:
 /NON-DOT
Tag:
 /
Article Type:
 /

The document can be purchased off of OIML’s website (Ethanol Breath Analyzers are coded on this site as R 126).

Categories: General, NON-DOT
Question ID:
 /112
Link Title:
 /
Link:
 
Section:
 /253
SubPart:
 /M
Tag:
 /40.253
Article Type:
 /ALCOHOL

As the BAT conducting an alcohol confirmation test, you must follow these steps in order to complete the confirmation test process:
(a) In the presence of the employee, you must conduct an air blank on the EBT you are using before beginning the confirmation test and show the reading to the employee.
(1) If the reading is 0.00, the test may proceed.If the reading is greater than 0.00, you must conduct another air blank.
(2) If the reading on the second air blank is 0.00, the test may proceed.If the reading is greater than 0.00, you must take the EBT out of service.
(3) If you take an EBT out of service for this reason, no one may use it for testing until the EBT is found to be within tolerance limits on an external check of calibration.
(4) You must proceed with the test of the employee using another EBT, if one is available.
(b) You must open a new individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer`s instructions.
(c) You must ensure that you and the employee read the unique test number displayed on the EBT.
(d) You must instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.
(e) You must show the employee the result displayed on the EBT.
(f) You must show the employee the result and unique test number that the EBT prints out either directly onto the ATF or onto a separate printout.
(g) If the EBT provides a separate printout of the result, you must attach the printout to the designated space on the ATF with tamper-evident tape, or use a self-adhesive label that is tamper-evident.

Categories: Ask DOTti, General
Question ID:
 /483
Link Title:
 /Rental Information
Link:
Section:
 /Company Information
SubPart:
 /Service Contracts
Tag:
 /
Article Type:
 /

If your instrument is covered under warranty or extended warranty and a loaner instrument is available we can offer this service. If your instrument is not covered under a warranty plan, rental instruments are available on a first come first serve basis.

Question ID:
 /113