Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.60 - Collection and Testing of Breath and Saliva for Alcohol Testing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Collectors for
			 Alcohol Testing. A Screening Test Technician shall conduct only alcohol
			 screening tests. Breath Alcohol Technicians may conduct alcohol screening and
			 confirmation tests. The immediate supervisor of an employee may not act as the
			 Screening Test Technician or Breath Alcohol Technician (in this Section, "the
			 Technician") when that employee is tested, unless no other Technician is
			 available. A Technician must meet the training requirements set forth in
			 49 CFR
			 40.213(2012).
b) Collection Site. The testing of breath and
			 saliva may take place at a medical facility, a mobile facility, a dedicated
			 collection facility, or any other location meeting the requirements of this
			 Section. The collection site must provide visual and aural privacy to the
			 employee being tested, sufficient to prevent unauthorized persons from seeing
			 or hearing test results. The collection site must have all needed personnel,
			 materials, equipment and facilities to provide for the collection and analysis
			 of breath or saliva samples and a suitable clean surface for writing.
c) Collection by Law Enforcement Officers.
			 Nothing in this Section shall preclude the collection and testing of breath or
			 saliva by a law enforcement officer. Notwithstanding the procedures for the
			 collection and testing of breath and saliva set forth in this Section, testing
			 and collection performed by a law enforcement officer shall be considered
			 acceptable procedure for the collection and testing of breath and alcohol. Any
			 collection or testing of breath or saliva performed by a law enforcement
			 officer shall be subject to any objection pursuant to the Illinois Rules of
			 Evidence and statutory rules of evidence when applicable.
d) Collection Form. Alcohol testing shall be
			 documented using a collection form as defined in Section
			 9140.5.
e) Devices for Alcohol Testing. All devices
			 used for the testing of breath and saliva for alcohol shall meet the following
			 requirements:
1) Alcohol Screening Test
			 Devices. Evidential Breath Testing Devices and Alcohol Screening Devices on the
			 NHTSA conforming products lists for evidential and non-evidential devices are
			 the only devices allowed to be used to conduct alcohol screening tests. An
			 Alcohol Screening Device shall be used only for screening tests for alcohol and
			 not for alcohol confirmation tests.
2) Alcohol Confirmation Test Devices. An
			 alcohol confirmation test shall be performed with an Evidential Breath Testing
			 Device that:
A) is listed on the NHTSA
			 Conforming Products Lists for Evidential Breath Testing Devices;
B) provides a printed triplicate result (or
			 three consecutive identical copies of a result) of each breath test;
C) assigns a unique number to each completed
			 test, which the Technician and the employee can read before each test and that
			 is printed on each copy of the result;
D) prints, on each copy of the result, the
			 manufacturer's name for the device, its serial number, and the time of the
			 test;
E) distinguishes alcohol from
			 acetone at the 0.08 alcohol concentration level;
F) tests an air blank; and
G) performs an external calibration
			 check.