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FTA
Drug and Alcohol Regulation Updates |
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Non-Evidential Testing Devices Finding Use Non-evidential testing devices are capable of detecting alcohol concentrations of 0.02 or greater and are acceptable for use on an initial screen for a DOT alcohol test. If the initial screen results in an alcohol concentration of 0.02 or greater, then a confirmatory test must be conducted using an evidential breath testing device. The initial list of non-evidential testing devices was published on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List (CPL) in the Federal Register (Vol. 60, pages 42214-42215) on April 15, 1995. There have been no modifications to the list since. The CPL lists seven devices of which four are breath testing devices and the other three are saliva testing devices. Since the DOT issued its final rule allowing the use of non-evidential screening devices, the use of these devices has been limited in the transit industry. Most program managers concluded that since the employer had to have ready access to an EBT for the confirmatory test anyway, it would be most cost-effective to use the EBT for both the initial screen and the confirmatory test. However, in recent months, the interest in non-evidential screening devices appears to have increased. The new interest is due in part to the perception that a saliva test may be a reasonable alternative for the initial screen of an employee with potential shy lung problems. In addition, some systems have found it difficult to get EBT alcohol tests performed during early mornings, late evenings, weekends and holidays when Breath Alcohol Technicians are unavailable or collection sites are closed. In these instances program managers have found it easier to use less expensive initial screen tests and to negotiate on-call BAT services for the rare instances when the confirmatory test is required (i.e., the initial test results in a BAC of 0.02 or greater). Given the low incidence of alcohol positives, the non-evidential screen test will be sufficient for the vast majority of tests and the BATs will seldom be called in these after-hour situations. In the event the BAT is needed, however, he/she will be on-call and available to complete the confirmatory test within 30 minutes of the initial screen. A similar use has also been identified in rural areas where the only EBT in close proximity to the transit system is located at local law enforcement office. In many instances local police will not want to serve as BATs or be involved with the transit systems drug and alcohol testing program. Similarly, many transit system managers want to avoid the negative connotations associated with taking an employee to the police station for a random test. In these instances, an initial screen test using a non-evidential testing device could be very beneficial minimizing the instances when law enforcement would need to become involved. For more information regarding applications of non-evidential screen tests, associated costs and training requirements, contact the product manufacturers or the , DOT Office of Drug and Alcohol Policy and Compliance at (202) 366-3784. You may also access the NHTSA's Conforming Products List on their website at www.nhtsa.dot.gov. Fax Requests For Video FTA recently announced the reissue and availability of the FTA sponsored reasonable suspicion training program for supervisors. The program includes a Leader's Guide and a video. Future requests for the video should be faxed to Ms. Vicki Bellet. FTA Office of Safety and Security at (202) 366-7951. Be sure to include your name, agency, mailing address, and telephone number. |
Where
To Find?.....
Part 40 Amendments, Cont. Notice of Proposal
Rulemaking December 9, 1999 The information presented on this page should be used to update Chapter 7 & 8 of the Implementation Guidelines. |