SECTION 310:638-7-4. Initial alcohol screening tests

(a)   Cutoff level for initial alcohol screening tests. An alcohol concentration of 0.02 or greater shall be considered a positive initial test for alcohol and shall be confirmed as required. A positive result obtained utilizing an alcohol screening device which meets the requirements at OAC 310:638-7-4(b) shall be considered a positive initial test for alcohol and shall be confirmed as required.

(b)   Alcohol screening device and initial blood tests.

(1)   All alcohol screening devices with the exception of evidential breath testing devices (EBT) shall comply with the requirements specified in the National Highway Traffic Safety Administration's Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids (59 FR 7372).

(2)   Evidential breath testing devices shall comply with the National Highway Traffic Safety Administration's Model Specifications for Evidential Breath Testing Devices (58 FR 48705) and be included on the Conforming Products List (59 FR 18839).

(3)   All alcohol screening device and initial blood testing shall follow the manufacturer's instructions for test system operation and test performance.

(4)   Enzyme blood tests for alcohol initial testing shall be used only under limited circumstances when an alcohol screening device, EBT, or appropriately trained breath alcohol technician (BAT) is not readily available to conduct alcohol testing by another method. Blood alcohol testing is not intended to be an equal alternative method to saliva or breath testing which an employer may choose as a matter of preference.

(c)   Procedures for alcohol screening device tests.

(1)   When the employee enters the alcohol testing location, the testing personnel shall require the individual to provide positive identification, e.g., through use of a photo I.D. card or identification by an employer representative.

(2)   Alcohol testing facilities shall use internal chain of custody procedures to maintain control and accountability of specimens from receipt through completion of screening, reporting of results, during storage (if applicable), and continuing until final disposition of specimens. Each chain of custody/test report form shall include a unique sequential test identification number.

(3)   There shall be a log book that is used to identify every test conducted unless an EBT is used. The log book shall include the unique sequential test identification number and the date of the test. The log book or the chain of custody form shall include the test identification number, date and time of the test, name of the testing personnel, location of the test, and test result. If the test is conducted using a disposable alcohol screening device, the log book or chain of custody form shall also contain the manufacturer's lot number and expiration date for each device used. Log books, chain of custody forms, and test results shall be maintained in a confidential manner secured from unauthorized review.

(4)   The testing personnel shall explain the testing procedure to the employee, and the test shall then be conducted according to the manufacturer's instructions and the results recorded on the chain of custody/test report form.

(5)   The testing personnel and employee shall sign a statement certifying the performance and results of the alcohol screening test.

(6)   In any case in which the result of the screening test is an alcohol concentration of less than 0.02, no further testing is authorized. The testing personnel shall transmit the result of less than 0.02 to the employer in a confidential manner, and the employer shall receive and store the information so as to ensure that confidentiality is maintained.

(7)   If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test shall be performed as described at OAC 310:638-7-6 or OAC 310:638-7-7.

(d)   Procedures for enzyme initial alcohol blood tests.

(1)   Blood used for initial alcohol tests shall be collected as specified at OAC 310:638-7-7(a), however, at least three (3), five (5) milliliter samples of blood shall be collected. One (1) sample shall be used for the test performance and two (2) samples shall remain unopened and securely stored under refrigeration at two (2) to eight (8) degrees centigrade for possible confirmation testing. Collection control and transportation of specimens to the testing facility shall comply with OAC 310:638-7-7(b) & (c).

(2)   The enzyme initial alcohol test shall be performed as specified by the test manufacturer's instructions and the results shall be recorded on the chain of custody/test report form. If the result of this analysis is an alcohol concentration of less than 0.02, the alcohol testing facility shall transmit the test result to the employer as negative. If the alcohol concentration is 0.02 or greater, a blood alcohol confirmation test shall be performed as described at OAC 310:638-7-7.

[Source: Added at 12 Ok Reg 517, eff 12-12-94 (emergency); Added at 12 Ok Reg 3069, eff 7-27-95]