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Friday, March 19, 2010

DOT Alcohol Testing Update: NHTSA Updates the Conforming Products List for Evidential Breath Testing Devices


















Alabama @ Work
By Tommy Eden

On March 11, 2010, the National Highway Traffic Safety Administration (NHTSA) published a notice in the Federal Register that updates the Conforming Products List (CPL) of instruments that conform to the model specifications for Evidential Breath Testing Devices. The major changes to the udpated Conforming Products List include four new instruments and an update to the mobility status of one existing instrument.
The following four instruments were added to the CPL:
- Alcotest 7510 [manufactured by Draeger Safety Inc., Irving, Texas]
- Alco-Sensor V [manufactured by Intoximeters, Inc. St. Louis, Missouri]
- Evidenzer [manufactured by Nanopuls AB, Uppsala, Sweden]
- Mark V Alcovisor [manufactured by PAS International, Fredericksburg, Virginia]
The following instrument's mobility status was updated to include 'mobile':

- Alcotest 9510 [manufactured by Draeger Safety, Inc., Irving, Texas]
View the udpated Conforming Products List at http://www.dot.gov/ost/dapc/testingpubs/20071217_CPL_EBT.pdf

Common Sense Counsel: Only those instruments listed on the Conforming Products List without an asterisk (*) are authorized for use in confirmation testing in the DOT alcohol testing program pursuant to 49 CFR Part 40.231. Use of any other testing device for DOT mandated testing would be a DOT violation and subject an employer to fines of up to $10,000. It is wise to also use this list for non-DOT testing as well since in Alabama UC & WC disqualifications are tied to DOT testing standards. An updated DOT and non-DOT Drug Free Workplace policy is also critical in light and recent changes. Also, keep in mind that non-DOT Alcohol Workplace testing is classified as a medical test under the ADA and should only be conducted based upon reasonable suspicion, or only after have the issue thoroughly researched by an attorney experienced in this field of law.


Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at teden@constangy.com or 334-246-2901. Blog at www.alabamaatwork.com