(A) Alcohol testing procedures.
(1) A driver shall only be tested for alcohol while the driver is performing a safety-sensitive function, just before a driver is to perform a safety-sensitive function, or just after the driver has ceased performing such functions.
(2) All breath alcohol testing will be administered by a certified Breath Alcohol Technician (BAT), who has been trained in accordance with 49 CFR Part 40.
(3) The driver must be positively identified by photo identification or by identification of the driver by the drivers employer (this government entity's) representative. The BAT shall then explain the testing procedures.
(4) Step One of the USDOT's Breath Alcohol Test Form is to be completed by the BAT. Step Two is to be completed by the driver (refusal to sign Step 2 certification of the Breath Alcohol Test Form when requested will be considered a refusal to test, which is the same as a positive test).
(5) Before the screening test is administered, the BAT and the driver shall read the sequential test number displayed by the EBT.
(6) An individually-sealed mouthpiece will be opened in view of the driver and attached to the EBT. The driver will be requested to blow forcefully in the mouthpiece for at least six seconds or until the BAT indicates sufficient breath has been obtained.
(7) The BAT will show the driver the results of the test on the EBT and then affix the printout to the Breath Alcohol Test Form in the designated space using tamper-evident tape.
(8) If the results are less than .02 breath alcohol concentration, the BAT shall sign and date in Step Three of the Breath Alcohol Test Form. Step Four is to be completed by the driver. If the driver does not sign Step Four it will not be considered a refusal to test; however, the BAT will have to note in the "Remarks" section of the drivers failure to sign.
(9) If the test result printed by the EBT does not agree with the result displayed or if a sequential test number printed by the EBT does not match the sequential test number displayed by the EBT prior to the screening test, the BAT will note it in the "Remarks" section of the Form and both the driver and the BAT will initialize the "Remarks" section. The test would be invalid and the driver and this government entity would be so advised.
(10) If the alcohol concentration is .02 or greater, a confirmation test shall be performed not less than 15 minutes nor more than 30 minutes after the completion of the screening test. During that time, the driver will be asked to not drink, eat, belch or place any substance in their mouth, if at all possible. The purpose for this is to prevent accumulation of mouth alcohol. If the driver ignores that instruction, the confirmation test will still be conducted and the BAT will note it in the "Remarks" section.
(11) If the confirmation test is conducted more than 30 minutes after the result of the screening test, the BAT shall note in the "Remarks" section of the form the reason the confirmation test could not be conducted during the proper time period.
(12) Before the confirmation test is administered, the BAT and the driver shall read the sequential test number displayed by the EBT. The BAT shall also perform an air blank test that registers "0.00.".
(13) Another individually-sealed mouthpiece will be opened in front of the driver and attached to the EBT. The driver will be requested to blow forcefully into the mouthpiece for at least six seconds or until the BAT indicates sufficient breath has been obtained.
(14) The BAT will show the driver the results of the test on the EBT. The BAT shall then sign and date Step Three of the Breath Alcohol Test Form. Step Four is to be completed by the driver. If the driver does not sign Step Four it will not be considered a refusal to test; however, the BAT will have to note in the "Remarks" section of the driver's failure to sign.
(15) If the test result printed by the EBT does not agree with the result displayed or if a sequential test number printed by the EBT does not match the sequential test number displayed by the EBT prior to the confirmatory test, the BAT will note it in the "Remarks" section of the Form and both the driver and the BAT will initialize the "Remarks" section. The test would be invalid and the driver and this government entity would be so advised.
(16) If the screening and confirmation test results disagree, the confirmation test will be used as the final result.
(17) The BAT will give the driver Copy 2 of the Breath Alcohol Test Form and this government entity Copy 1.
(18) The BAT will perform external calibration checks on the EBT as prescribed by the manufacturer. Inspection, maintenance and calibration of each EBT by the manufacturer will be performed in accordance with their quality assurance plan.
(B) Inability to provide an adequate amount of breath.
(1) If a driver is unable, or alleges he/she is unable, to provide an amount of breath sufficient to give a reading on the EBT, the BAT should again instruct the driver to attempt to provide an adequate amount of breath. If the driver refuses to make a second attempt, the BAT shall immediately inform this government entity.
(2) If the driver does make the second attempt and fails to provide an adequate amount of breath, the BAT shall note the second failure in the "Remarks" section of the form and this government entity shall be so notified. The driver shall be referred as soon as practicable for a medical evaluation from a licensed physician who is acceptable to this government entity to develop pertinent information concerning whether the drivers inability to provide an adequate amount of breath is genuine or constitutes a refusal to test. If the licensed physician, in his or her reasonable medical judgment, is unable to make the determination after the evaluation, the drivers failure to provide an adequate amount of breath shall be regarded as a refusal to test. The medical evaluation shall be forwarded to our MRO who shall report his conclusions, in writing, to this government entity.
(C) Other alcohol-related conduct.
(1) No driver tested under § 39.23 of this Policy, who is found to have an alcohol concentration of .02 or greater, but less than .04, shall perform or continue to perform safety-sensitive functions, nor shall this government entity allow a driver to perform or continue to perform safety-sensitive functions until the start of the drivers next regularly scheduled work period, but not less than 24 hours after the administration of the alcohol test.
(2) This government entity has the authority to take employment action against the driver for alcohol use (see Disciplinary Action Option in the policy).
(Ord. 936, passed 5-20-98)