As an employer, what steps can I take to run an effective alcohol testing program?
In addition to performing regular audits of your collection sites and personnel, we recommend that you familiarize yourself with your Evidential Breath Testing (EBT) device's Quality Assurance Plan (QAP). You should also ensure that your Breath Alcohol Technician (BAT) is familiar with the QAP and the requirements for proper use and care of the EBT devices.
According to the Department of Transportation's (DOT's) procedural regulation, 49 CFR Part 40, § 40.233, the employer or BAT must:
- Follow the manufacturer's instructions for conducting external calibration checks at the intervals specified.
- Only use calibration devices appearing on the National Highway Transportation Safety Administration's conforming product list for "Calibrating Units for Breath Alcohol Tests" when conducting external calibration checks. If a dry gas solution is used, it is important that the BAT is aware of the expiration date and ensures that a backup unexpired gas tank is on site.
- Remove an EBT from service when it fails an external check of calibration. It cannot be returned to service until it is repaired and passes an external calibration check.
- Ensure that all maintenance is performed as instructed in the operating manual and in the QAP.
- Keep a log of all accuracy checks, calibrations, and maintenance, and ensure that all maintenance is performed at the proper time listed and by the proper person. A suggested calibration/accuracy check log is available on our website for use. It is critical to ensure that these processes are appropriately documented.
- Maintain the records of the inspection, maintenance and calibration of the EBT for 2 years.
According to 49 CFR § 40.267, a confirmed test result of 0.02 or above must be cancelled if 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. Because this is considered a "fatal flaw", it cannot be corrected.
Finally, you and your BAT should know the difference between an external calibration check (i.e., accuracy check/verification check) and a calibration. An external calibration or accuracy check ensures the proper calibration of a device. These accuracy checks must be conducted as often as is referenced in the device's QAP, and it is good practice to do an accuracy check as soon as possible after a positive test. When a device is calibrated, it is reset and changes the way the device measures alcohol. Remember that some QAPs require that users are certified by the device's operator. Calibrating a device, instead of conducting an accuracy check/verification check after a confirmed result of 0.04 or above, is a fatal flaw.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our website to learn more about our program.