(a)After the EBT has printed the result of an alcohol confirmation test, you must, as the BAT, take the following additional steps:
(1)Sign and date Step 3 of the ATF.
(2)If the alcohol confirmation test result is lower than 0.02, nothing further is required of the employee. As the BAT, you must sign and date Step 3 of the ATF.
(3)If the alcohol confirmation test result is 0.02 or higher, direct the employee to sign and date Step 4 of the ATF. If the employee does not do so, you must note this on the “Remarks” line of the ATF. However, this is not considered a refusal to test.
(4)If the test is invalid, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, conduct a re-test. (see § 40.271).
(5)Immediately transmit the result directly to the DER in a confidential manner.
(i)You may transmit the results using Copy 1 of the ATF, in person, by telephone, or by electronic means. In any case, you must immediately notify the DER of any result of 0.02 or greater by any means ( e.g., telephone or secure fax machine) that ensures the result is immediately received by the DER. You must not transmit these results through C/TPAs or other service agents.
(ii)If you do not make the initial transmission in writing, you must follow up the initial transmission with Copy 1 of the ATF.
(b)As an employer, you must take the following steps with respect to the receipt and storage of alcohol test result information:
(1)If you receive any test results that are not in writing ( e.g., by telephone or electronic means), you must establish a mechanism to establish the identity of the BAT sending you the results.
(2)You must store all test result information in a way that protects confidentiality.