Is an employer considered to be in compliance with Part 40 if evidential breath testing devices (EBTs) are not available within 30 minutes of an alcohol screening test location?
An employer is not considered to be in compliance if an EBT is not available for use within 30 minutes to confirm the screening test. However, there may exist unusual circumstances (e.g., post-accident testing) in which an EBT is not available within the appropriate time frame. In such a case, the employer would not be considered out of compliance with the regulation if documentation exists showing a “good faith” effort to get an EBT. It is important to note that most operating administrations give employers up to 8 hours to administer the appropriate alcohol test following a qualifying accident.
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