40.267   What problems always cause an alcohol test to be cancelled?

As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are "fatal flaws." You must inform the DER that the test was cancelled and must be treated as if the test never occurred. These problems are:

(a) In the case of a screening test conducted on a saliva ASD or a breath tube ASD:

(a)(1) The STT or BAT reads the result either sooner than or later than the time allotted by the manufacturer and this Part (see 40.245(a)(8) for the saliva ASD and 40.245(b)(8) for the breath tube ASD).

(a)(2) The saliva ASD does not activate ( see 40.245(a)(7) ; or

(a)(3) The device is used for a test after the expiration date printed on the device or on its package (see 40.245(a)(1) for the saliva ASD and 40.245(b)(1) for the breath tube ASD).

(b) In the case of a screening or confirmation test conducted on an EBT, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result (see 40.253(c) , (e) and (f)).

(c) In the case of a confirmation test:

(c)(1) The BAT conducts the confirmation test before the end of the minimum 15-minute waiting period (see 40.251(a)(1) );

(c)(2) The BAT does not conduct an air blank before the confirmation test (see 40.253(a) );

(c)(3) There is not a 0.00 result on the air blank conducted before the confirmation test (see 40.253(a)(1) and (2));

(c)(4) The EBT does not print the result (see 40.253(f) ); or

(c)(5) The next external calibration check of the EBT produces a result that differs by more than the tolerance stated in the QAP from the known value of the test standard. In this case, every result of 0.02 or above obtained on the EBT since the last valid external calibration check is cancelled (see 40.233(a)(1) and (d)).

[65 FR 79526, Dec. 19, 2000, as amended at 67 FR 61522, Oct. 1, 2002]