Section 9140.20  Collection of Blood

 

The following procedures shall be used to obtain a blood sample from an employee to determine alcohol concentration and the presence of drugs or intoxicating compounds:

 

a)         Collector of a Blood Specimen.  All blood specimens shall be collected by a licensed physician, advanced practice nurse, registered nurse, licensed practical nurse, phlebotomist, or certified paramedic.

 

b)         Collection Procedures.  A blood specimen shall be collected using the following procedure:

 

1)         The testing process shall start without undue delay. If the employee needs medical attention, this treatment shall not be delayed to collect a specimen.

 

2)         The collector shall explain the basic collection procedure to the employee.

 

3)         The blood specimen shall be collected using aseptic venipuncture technique.

 

4)         The venipuncture site shall be cleansed with an antiseptic substance that does not contain ethanol prior to collection. 

 

5)         A sufficient amount of blood shall be collected to permit split testing.

 

6)         Blood specimens shall be collected in a container or tube containing an anticoagulant and a preservative of sodium fluoride.

 

7)         Immediately after collection, the collector shall rock the container or tube gently to mix the anticoagulant and preservative substance with the blood.

 

c)         Collection Materials.  A blood specimen shall be collected in tubes or containers with a visible tamper-evident system or seals that adequately protect again sample contamination.

 

d)         Completion of Collection Process. To complete the collection process, the collector shall complete the following procedure:

 

1)         The collector shall place the specimen in a shipping container designed to minimize the possibility of damage during shipment and seal the shipping container as appropriate.

 

2)         The collector shall complete all applicable portions of the Chain of Custody Form as specified in Section 9140.10.

 

3)         The collector shall ensure that each specimen collected is shipped to a laboratory as quickly as possible, but no later than 24 hours after collection or during the next business day after collection.

 

Section 9140.30  Collection of Urine

 

The following procedures shall be used to obtain a urine sample from a subject to determine alcohol concentration and the presence of drugs or intoxicating compounds:

 

a)         Urine Collector

 

1)         Urine specimens shall be collected by any of the following:  a collector meeting the training requirements of 49 CFR 40.33 (2012), licensed physician, advanced practice nurse, registered nurse or licensed practical nurse. 

 

2)         The following persons shall not serve as a collector:

 

A)        the immediate supervisor of the employee being tested, unless no other collector is available;

 

B)        or a person employed by a laboratory who could link the employee with a urine specimen, testing result or laboratory report.

 

b)         Collection Site.  A collection site may be in a medical facility, a mobile facility, a dedicated collection facility, or any other location meeting the requirements of this Section.  The collection site must have a source of water for washing hands that, if practicable, should be external to the closed room where urination occurs.

 

c)         Prevention of Sample Adulteration.  Collectors shall make all attempts to do the following before each collection to deter tampering with specimens:

 

1)         Secure any water sources or otherwise make them unavailable to the employee providing the specimen;

 

2)         Ensure that the water in the toilet is blue or secure any movable toilet tank top;

 

3)         Ensure that no soap, disinfectants, cleaning agents or other possible adulterants are accessible to the employee at the collection site;

 

4)         Inspect the collection site to ensure that no foreign or unauthorized substances are present;

 

5)         Ensure that undetected access to the site is not possible; and

 

6)         Secure areas and items that appear suitable for concealing contaminants.

 

d)         Prevention of Sample Contamination.  Collectors shall follow the following procedures to prevent contamination of the sample:

 

1)         To avoid distraction that could compromise security, conduct only one collection for one employee at a time;

 

2)         To the greatest extent possible, keep an employee's collection container within view of both the collector and the employee between the time the employee has urinated and the time the specimen is sealed;

 

3)         Ensure that the collector is the only person in addition to the employee who handles the specimen before it is poured into the bottles and sealed with tamper-evident seals;

 

4)         Maintain personal control over each specimen throughout the collection process; and

 

5)         Minimize the number of persons handling the specimen.

 

e)         Collection Materials

 

1)         Urine shall be collected in containers that:

 

A)        are a single-use container, made of plastic, large enough to easily catch and hold at least 55 mL of urine voided from the body;

 

B)        have graduated volume markings clearly noting levels of 45 mL and above;

 

C)        have a temperature strip providing graduated temperature readings 32-38 degrees Celsius or 90-100 degrees Fahrenheit, that is affixed or can be affixed at a proper level on the outside of the collection container. Other methodologies are acceptable, provided that the temperature measurement is accurate and that there is no potential for contamination of the specimen; and

 

D)        are individually wrapped in a sealed plastic bag or shrink wrapping or must have a peelable, sealed lid or other easily visible tamper-evident system.

 

2)         Urine shall be placed in specimen bottles that:

 

A)        are large enough to hold at least 35 mL or, alternatively, they may be two distinct sizes of specimen bottles provided that the bottle designed to hold the primary specimen holds at least 35 mL of urine and the bottle designed to hold the split specimen holds at least 20 mL;

 

B)        have screw-on or snap-on caps that prevent seepage of the urine from the bottles during shipment;

 

C)        have markings clearly indicating the appropriate levels (30 mL for the primary specimen and 15 mL for the split specimen) of urine that must be poured into the bottles;

 

D)        meet the following specifications:

 

i)          are wrapped (with caps) together in a sealed plastic bag or shrink wrapping separate from the collection container; or

 

ii)         are wrapped (with cap) individually in sealed plastic bags or shrink wrapping; or

 

iii)        have peelable, sealed lid or other easily visible tamper-evident system; and

 

E)        if made of plastic, are leach resistant.

 

3)         Specimen bottles shall be placed in a plastic bag that:

 

A)        has two sealable compartments or pouches that are leak-resistant or a single bag that is large enough to hold two specimen bottles;

 

B)        demonstrates that any tampering or attempts to open either compartment have occurred; and

 

C)        contain enough absorbent material to absorb the entire contents of both specimen bottles.

 

f)         Collection Procedures.  The collection of urine shall be performed in accordance with the following guidelines:

 

1)         When the employee enters the collection site, the testing process shall start without undue delay. If the employee needs medical attention, this treatment shall not be delayed to collect a specimen.

 

2)         The employee must provide identification to the collector before testing.

 

3)         The collector shall explain the basic collection procedure to the employee.

 

4)         If an employee normally voids through self-catheterization, the collector shall instruct the employee that he or she is required to provide a specimen in that manner.

 

5)         The collector shall instruct the employee to wash and dry his or her hands at this time and instruct the employee not to wash his or her hands again until after delivering the specimen to the collector.

 

6)         The employee may provide his or her urine specimen in a stall or otherwise partitioned enclosure that allows for individual privacy. The collector shall remain in the restroom or area, but outside the stall or partitioned enclosure.

 

7)         The collector shall select, or allow the employee to select, an individually wrapped or sealed collection container from collection kit materials. Either the collector or the employee, with both the collector and the employee present, must unwrap or break the seal of the collection container. The collector shall not unwrap or break the seal on any specimen bottle at this time.

 

8)         The employee shall only take the collection container into the room used for urination.

 

9)         The collector shall collect a specimen of at least 45 mL.

 

g)         Steps Following Collection of Urine Specimen.  The collector shall perform the following after the collection of the urine specimen:

 

1)         The collector shall check the temperature of the specimen no later than four minutes after the employee has given the specimen to the collector by reading the temperature strip attached to the collection container and report this information on the Chain of Custody Form. 

 

2)         The collector shall inspect the specimen for unusual color, presence of foreign objects or material, or other signs of tampering.

 

h)         Direct Observation Collection Procedure.  The collector shall initiate a direct observation collection procedure if:  the temperature of the urine is outside of the temperature range of 32-38 degrees Celsius or 90-100 degrees Fahrenheit; the collector determines that material appears to be brought to the collection site with the intent to alter the specimen; or it is apparent from this inspection that the employee has tampered with the specimen. The direct observation collection procedure shall be performed in accordance with the following guidelines:

 

1)         The collector shall explain to the employee the reason for a directly observed collection. 

 

2)         The observer shall be the same gender as the employee.  The observer may be a different person from the collector and need not be a qualified collector.

 

3)         The observer must request the employee to raise his or her shirt, blouse, dress or skirt, as appropriate, above the waist and lower clothing and underpants to show the collector, by turning around, that the employee does not have a prosthetic device. After the collector has determined that the employee does not have such a device, the employee may return his or her clothing to its proper position for observed urination.

 

4)         The observer shall watch the employee urinate into the collection container. 

 

5)         The observer shall watch the specimen as the employee takes it to the collector. If the observer is not the collector, the observer shall not take the collection container from the employee. 

 

6)         If another person has acted as the observer, his or her name shall be recorded on the Chain of Custody Form.

 

i)          Preparation of Urine Specimen.  The collector shall take the follow steps after collection in the presence of the employee:

 

1)         Pour at least 30 mL of urine from the collection container into one specimen bottle, to be used for the primary specimen.

 

2)         Pour at least 15 mL of urine from the collection container into the second

specimen bottle to be used for the split specimen.

 

3)         Place and secure the lids or caps on the bottles.

 

4)         Seal the bottles by placing the tamper-evident bottle seals over the bottle caps/lids and down the sides of the bottles.

 

5)         Write the date on the tamper-evident bottle seals.

 

6)         Discard any urine left over in the collection container after both specimen bottles have been appropriately filled and sealed.

 

7)         Allow the employee to initial the tamper-evident bottle seals for the purpose of certifying that the bottles contain the specimens provided.

 

j)          Completion of Collection Process. To complete the collection process, the collector shall follow the following procedure:

 

1)         The collector shall secure the pouches of the plastic bag containing the specimens in the presence of the employee.

 

2)         The collector shall place the sealed plastic bag in a shipping container designed to minimize the possibility of damage during shipment and seal the shipping container as appropriate.

 

3)         The collector shall complete all applicable portions of the Chain of Custody Form as specified in Section 9140.10.

 

4)         The collector shall ensure that each specimen collected is shipped to a laboratory as quickly as possible, but no later than 24 hours after collection or during the next business day after collection.

 

Section 9140.40  Review of Test Results of Blood and Urine Specimens

 

a)         Verification of Test Results by the MRO.  Prior to the transmission of test results to the DER, all results shall be reviewed and verified by an MRO.

 

b)         Qualifications of the MRO.  The MRO must meet the qualifications set forth in 49 CFR 40.121 (2012).  The MRO shall not be employed by the laboratory performing testing pursuant to this Part.  An employer or DER shall not serve as the MRO for his or her own employees.

 

c)         Positive, Adulterated or Substituted Results

 

1)         If an MRO receives a positive, adulterated or substituted result from a laboratory, the MRO shall contact the employee within 72 hours after receipt of the test result from the laboratory.  The MRO shall allow the employee to provide any information the employee considers relevant to the positive, substituted or adulterated test result, including identification of currently or recently used prescription or nonprescription drugs and other relevant medical information.  The MRO shall also inform the employee of his or her right to request testing of a split specimen pursuant to Section 9140.50.

 

2)         If the MRO is unable to contact the employee with a positive, adulterated or substituted test result within 72 hours after receipt of the test results from the laboratory, the MRO shall contact the DER and request that the DER direct the employee to contact the MRO as soon as possible.

 

d)         Verification of Positive, Substituted or Adulterated Results.  To verify a positive, adulterated, or substituted test result, the MRO shall complete all of the following procedures:

 

1)         Receive and review the test results from the laboratory;

 

2)         Verify that the collector and the laboratory utilized proper collection techniques;

 

3)         Ensure that the test result accurately identifies the employee;

 

4)         Review any documentation provided by the employee regarding currently or recently used prescription or nonprescription drugs and other relevant medical information and whether this information could have produced a positive, substituted or adulterated result;

 

5)         Review the results of the testing of a split specimen if that testing has been requested;

 

6)         Notify the DER in writing of the verified positive, substituted or adulterated test result within seven days after receiving the test result from the laboratory;

 

7)         Complete all applicable portions of the Chain of Custody Form and forward this form to the DER;

 

8)         Within 24 hours after notification of the DER of a positive, adulterated or substituted test result, notify the laboratory that the positive, adulterated or substituted test result has been submitted to the DER.

 

e)         Verification of Negative Results.  To verify a negative test result, the MRO shall complete all of the following procedures:

 

1)         Receive and review the test results from the laboratory;

 

2)         Verify that the collector and the laboratory utilized proper collection techniques;

 

3)         Ensure that the result accurately identifies the employee;

 

4)         Notify the DER of the negative test result within 5 days after the receipt of the test result from the laboratory;

 

5)         Complete all applicable portions of the Chain of Custody Form and forward this form to the DER;

 

6)         Within 24 hours after notification of the DER of a negative test result, notify the laboratory that the negative test result has been submitted to the DER.

 

Section 9140.50  Split Testing of Urine and Blood Specimens

 

a)         Request to Test a Split Specimen 

 

1)         When the MRO notifies the employee that the employee has a positive, substituted or adulterated result, the employee may request a test of the split specimen within 72 hours from the time of notification by the MRO. The request by the employee may be verbal or in writing.

 

2)         If the employee has not requested a test of the split specimen within 72 hours, the employee may present to the MRO information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the employee from making a timely request.

 

3)         If the MRO concludes from the employee's information that there was a legitimate reason for the employee's failure to contact the MRO within 72 hours, the MRO must direct that the test of the split specimen take place.

 

4)         When an MRO has been requested by the employee or directed by the MRO, the MRO shall immediately provide written notice to the laboratory that tested the primary specimen, directing the laboratory to forward the split specimen to a second laboratory. The laboratory shall forward a copy of the Chain of Custody Form to the second laboratory.

 

b)         Cost of the Split Specimen Testing.  The employer shall ensure that the split specimen testing is conducted as required by this Section.  The employer may seek payment or reimbursement of all or part of the cost of the split specimen from the employee.  An employer shall not condition compliance with this Section on the employee's payment of split testing.

 

c)         Procedural Requirements for the Laboratory Testing the Primary Specimen

 

1)         The first laboratory at which the primary and split specimen arrive must check to see whether the split specimen is available for testing.  If the split specimen is unavailable or appears insufficient, the laboratory must do the following:

 

A)        Continue the testing process for the primary specimen. The laboratory shall report the results for the primary specimen without providing the MRO information regarding the unavailable split specimen.

 

B)        Upon receiving a letter from the MRO instructing the laboratory to forward the split specimen to another laboratory for testing, report to the MRO that the split specimen is unavailable for testing. The laboratory shall provide as much information as possible about the cause of the unavailability.

 

2)         The laboratory testing the primary specimen is not authorized to open the split specimen under any circumstances.

 

3)         When the laboratory that tested the primary specimen receives written notice from the MRO to send the split specimen to another laboratory, it must forward both the split specimen in its original specimen bottle, with the seal intact, and a copy of the MRO's written request to the second laboratory.

 

4)         The laboratory that tested the primary specimen must not send to the second laboratory any information about the identity of the employee, excluding the initials of the employee on the specimen container or bottle.

 

d)         Procedural Requirements for the Laboratory Testing the Split Specimen

 

1)         Testing of a Split Specimen When it is Tested to Reconfirm the Presence of Alcohol, Drugs or Other Intoxicating Compounds

 

A)        The laboratory testing the split specimen must test the split specimen for the alcohol, drugs or other intoxicating compounds detected in the primary specimen.

 

B)        If the test fails to reconfirm the presence of the alcohol, drugs or other intoxicating compounds that were reported positive in the primary specimen, the laboratory must conduct validity tests in an attempt to determine the reason for being unable to reconfirm the presence of alcohol, drugs or other intoxicating compounds

 

C)        In addition, if the test fails to reconfirm the presence of the alcohol, drugs or other intoxicating compounds reported in the primary specimen, at the employer's discretion the laboratory may send the specimen or an aliquot of it, if a sufficient amount is available, for testing at another laboratory that has the capability to conduct another reconfirmation test.

 

2)         Testing of a Split Specimen When it is Tested to Reconfirm an Adulterated Test Result

 

A)        The laboratory testing the split specimen must test the split specimen for the adulterant detected in the primary specimen, using the confirmatory test for the adulterant.

 

B)        If the test fails to reconfirm the adulterant result reported in the primary specimen, the laboratory may send the specimen or an aliquot of it for testing at another laboratory that has the capability to conduct another reconfirmation test.

 

3)         Testing of a split specimen when it is tested to reconfirm a substituted test result.  The laboratory testing the split specimen must test the split specimen using the confirmatory tests for creatinine and specific gravity.

 

e)         Reporting of Split Specimen Testing Results by Testing Laboratory.  The laboratory responsible for testing the split specimen must report split specimen test results to the MRO immediately. The laboratory testing the split specimen shall not report results to or through the DER.

 

Section 9140.60  Collection and Testing of Breath and Saliva for Alcohol Testing

 

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.

 

f)         Use and Care of Devices for Alcohol Testing

 

1)         Evidential Breath Testing Devices.  Users of an Evidential Breath Testing Device must:

 

A)        follow the manufacturer's instructions, including performance of external calibration checks at the intervals the instructions specify.

 

B)        in conducting external calibration checks, use only calibration devices appearing on NHTSA's Conforming Products List for Calibrating Units for Breath Alcohol Tests.

 

C)        maintain records of the inspection, maintenance and calibration of Evidential Breath Testing Device for two years; and

 

D)        ensure that inspection, maintenance and calibration of the Evidential Breath Testing Device are performed by its manufacturer or a maintenance representative certified either by the manufacturer or by a state health agency or other appropriate state agency.  If an Evidential Breath Testing Device fails an external check of calibration, the Evidential Breath Testing Device must be taken out of service. The Evidential Breath Testing Device may not be used again for alcohol testing until it is repaired and passes an external calibration check.

 

2)         Alcohol Screening Device. 

 

A)        Users of an Alcohol Screening Device must:

 

i)          follow the quality assurance plan instructions created by the manufacturer of the Alcohol Screening Device; and

 

ii)         follow all device and care requirements for Evidential Breath Testing Devices.

 

B)        An Alcohol Screening Device that does not pass the specified quality control checks or has passed its expiration date shall not be used.

 

g)         Alcohol Screening Test Procedures

 

1)         Initial Procedures. The Breath Alcohol Technician or Screening Test Technician shall take the following steps to begin all alcohol screening tests, regardless of the type of testing device used:

 

A)        The Technician shall ensure that, when the employee enters the alcohol testing site, the alcohol testing process begins without undue delay.

 

B)        If the employee is also going to provide a urine or blood specimen, the Technician shall, to the greatest extent practicable, ensure that the alcohol test is completed before the urine or blood collection process begins.

 

C)        If the employee needs medical attention, this treatment shall not be delayed to conduct an Alcohol Screening Test.

 

D)        The employee shall provide the Technician with positive identification.

 

E)        The Technician shall explain the testing procedure to the employee.

 

2)         Evidential Breath Testing Device or Non-evidential Breath Alcohol Screening Device.  For an alcohol screening test using an Evidential Breath Testing Device or non-evidential breath Alcohol Screening Device, the Technician shall execute the following procedure:

 

A)        Select, or allow the employee to select, an individually wrapped or sealed mouthpiece from the testing materials.

 

B)        Open the individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer's instructions.

 

C)        Instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.

 

D)        Show the employee the displayed test result.

 

E)        If the device is one that prints the test number, testing device name and serial number, time and result directly onto the collection form, the Technician shall ensure that the information has been printed correctly onto the collection form.

 

F)         If the device is one that prints the test number, testing device name and serial number, time and result, but on a separate printout rather than directly onto the collection form, the Technician shall affix the printout of the information to the collection form with tamper-evident tape or use a self-adhesive label that is tamper-evident.

 

G)        If the device is one that does not print the test number, testing device name and serial number, time and result, or is a device not being used with a printer, the Technician shall record this information on the collection form.

 

3)         Procedure for an Alcohol Screening Test using a Saliva Alcohol Screening Device or a Breath Tube Alcohol Screening Device.  The Technician shall execute the following procedure when using the saliva Alcohol Screening Device:

 

A)        Check the expiration date on the device or on the package containing the device and show it to the employee. The device shall not be used after its expiration date.

 

B)        Open an individually wrapped or sealed package containing the device in the presence of the employee.

 

C)        Offer the employee the opportunity to use the device. If the employee uses it, the Technician shall instruct the employee to insert it into his or her mouth and use it in a manner described by the device's manufacturer.

 

D)        If the employee chooses not to use the device, or in all cases in which a new test is necessary because the device did not activate, the Technician shall insert the device into the employee's mouth and gather saliva in the manner described by the device's manufacturer. The Technician shall wear single-use examination or similar gloves while doing so and change them following each test.

 

E)        When the device is removed from the employee's mouth, the Technician shall follow the manufacturer's instructions regarding necessary next steps in ensuring that the device has activated.

 

F)         If the Technician is unable to successfully follow these procedures, he or she shall discard the device and conduct a new test using a new device.  The new device must be one that has been under the control of the Technician.  The Technician shall note on the remarks section of the collection form the reason for the new test. The Technician shall offer the employee the choice of using the device or having the Technician use it unless the employee was responsible for the new test needing to be conducted.

 

G)        If the Technician is unable to successfully follow the required procedures on the new test, he or she shall end the collection and include an explanation on the remarks section of the collection form.  The Technician shall then direct the employee to take a new test immediately, using an Evidential Breath Testing Device for the screening test.

 

H)        If the Technician is able to successfully follow the procedures, but the device does not activate, he or she shall discard the device and conduct a new test. In this case, the Technician shall place the device into the employee's mouth to collect saliva for the new test.

 

I)         The Technician shall read the result displayed on the device no sooner than the device's manufacturer instructs. In all cases, the result displayed must be read within 15 minutes after the test. The Technician shall then show the device and its reading to the employee and enter the result on the collection form.

 

J)         The Technician shall not re-use devices, swabs, gloves or other materials used in saliva testing.

 

4)         Procedure for Breath Tube Alcohol Screening Device. The Technician shall execute the following procedure when using the breath tube Alcohol Screening Device:

 

A)        Check the expiration date on the detector device and the electronic analyzer or on the package containing the device and the analyzer and show it to the employee. The Technician shall not use the device or the analyzer after its expiration date. The Technician shall not use an analyzer that is not specifically pre-calibrated for the device being used in the collection.

 

B)        Remove the device from the package and secure an inflation bag onto the appropriate end of the device, as directed by the manufacturer on the device's instructions.

 

C)        Break the tube's ampoule in the presence of the employee.

 

D)        Offer the employee the opportunity to use the device. If the employee chooses to use the device, instruct the employee to blow forcefully and steadily into the blowing end of device until the inflation bag fills with air.

 

E)        If the employee chooses not to hold the device, the Technician shall hold the device.

 

F)         When the employee completes the breath process, take the device from the employee, remove the inflation bag, and prepare the device to be read by the analyzer in accordance with the manufacturer's directions.

 

G)        If the Technician was unable to successfully complete these procedures, he or she shall discard the device and conduct a new test using a new one. The new device must be one that has been under the control of the Technician before the test. The Technician shall note on the remarks section of the collection form the reason for the new test.

 

H)        The Technician shall offer the employee the choice of holding the device or having the Technician hold it, unless the employee was responsible for the new test needing to be conducted.

 

I)         If the Technician is unable to successfully follow the required procedures on the new test, he or she shall end the collection and put an explanation in the remarks section of the collection form.

 

J)         The Technician shall then direct the employee to take a new test immediately, using another type of Alcohol Screening Device or an Evidential Breath Testing Device.

 

K)        If the Technician was able to successfully follow the required procedures, and after having waited the required amount of time directed by the manufacturer for the detector device to incubate, the Technician shall place the device in the analyzer in accordance with the manufacturer's directions. The result must be read from the analyzer no earlier than the required incubation time of the device. In all cases, the result shall be read within 15 minutes after the test.

 

L)        The Technician shall follow the manufacturer's instructions for determining the result of the test. He or she shall show the analyzer result to the employee and record it on the collection form.

 

M)       The Technician shall never re-use detector devices or any gloves used in breath tube testing. The inflation bag must be voided of air following removal from a device. Inflation bags and electronic analyzers may be re-used but only in accordance with the manufacturer's directions.

 

5)         Procedures Following an Alcohol Screening Test Result

 

A)        The Breath Alcohol Technician or the Screening Test Technician shall complete and sign the collection form.

 

B)        If the test result is an alcohol concentration of less than 0.08, the Technician, must complete the collection form and transmit the result to the DER in a confidential manner.

 

C)        If the test result is an alcohol concentration of 0.08 or higher, the Technician shall direct the employee to take an Alcohol Confirmation Test.

 

D)        If the test result is any other result, the Technician shall note this result in the remarks section of the collection form.

 

h)         Alcohol Confirmation Test Procedures

 

1)         Initial Procedures.  Before starting the Alcohol Confirmation Test, the Breath Alcohol Technician shall execute the following procedure:

 

A)        Ensure that the employee waits at least 15 minutes before taking an alcohol confirmation test, starting with the completion of the Alcohol Screening Test. After the waiting period has elapsed, the Breath Alcohol Technician shall begin the Alcohol Confirmation Test as soon as possible, but not more than 30 minutes after the completion of the Alcohol Screening Test.

 

B)        The Breath Alcohol Technician shall observe the employee during the waiting period.

 

C)        The employee shall be given the following instructions before beginning the waiting period:

 

i)          Not to eat, drink, put anything, such as a cigarette or chewing gum, into his or her mouth, or belch;

 

ii)         That the reason for the waiting period is to prevent inaccurate reading;

 

iii)        That following the instructions concerning the waiting period is to the employee's benefit; and

 

iv)        That the confirmation test will be conducted at the end of the waiting period, even if the instructions have not been followed.

 

D)        If the Breath Alcohol Technician is aware that the employee has not followed the instructions, this should be noted in the remarks section of the collection form.

 

E)        If the Breath Alcohol Technician did not conduct the Alcohol Screening Test for the employee, the Breath Alcohol Technician performing the Alcohol Confirmation Test shall require positive identification of the employee, explain the confirmation procedures, and use a new collection form. The Breath Alcohol Technician performing the Alcohol Confirmation Test must note on the remarks section of the collection form that a different Breath Alcohol Technician or Screening Test Technician conducted the Alcohol Screening Test.

 

F)         Even if more than 30 minutes have passed since the screening test result was obtained, the Breath Alcohol Technician shall begin the Alcohol Confirmation Test, not another Alcohol Screening Test.

 

G)        The Breath Alcohol Technician performing the Alcohol Confirmation Test shall note in the remarks section of the collection form the time that elapsed between the two events and, if the Alcohol Confirmation Test could not begin within 30 minutes after the screening test, the reason why.

 

2)         Alcohol Confirmation Test Procedures.  The Breath Alcohol Technician conducting the Alcohol Confirmation Test must execute the following procedures to complete the Alcohol Confirmation Test process:

 

A)        In the presence of the employee, conduct an air blank on the Evidential Breath Testing Device to be used for the Alcohol Confirmation Test before beginning the confirmation test and show the reading to the employee.

 

i)          If the reading is 0.00, the test may proceed. If the reading is greater than 0.00, another air blank shall be conducted.

 

ii)         If the reading on the second air blank is 0.00, the test may proceed. If the reading is greater than 0.00, the Breath Alcohol Technician must take the Evidential Breath Testing Device out of service. If the Evidential Breath Testing Device is taken out of service for an air blank reading greater than 0.00, the Evidential Breath Testing Device shall not be used until it is found to be within tolerance limits on an external check of calibration.

 

B)        Open a new individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer's instructions.

 

C)        The Breath Alcohol Technician and the employee shall both read the unique test number displayed on the Evidential Breath Testing Device.

 

D)        Instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.

 

E)        Show the employee the result displayed on the Evidential Breath Testing Device.

 

F)         Show the employee the result and unique test number that the Evidential Breath Testing Device prints out.

 

G)        If the Evidential Breath Testing Device provides a separate printout of the result, attach the printout to the collection form with tamper-evident tape, or use a self-adhesive label that is tamper-evident.

 

3)         Procedures Following an Alcohol Confirmation Test Result.  After the Evidential Breath Testing Device has printed the result of an alcohol confirmation test, the Breath Alcohol Technician shall execute the following procedures:

 

A)        Indicate the alcohol reading from the Evidential Breath Testing Device on the collection form and sign the collection form.

 

B)        If the test produces any other results, indicate these results in the remarks section of the collection form.

 

C)        Immediately transmit the collection form with the reported result directly to the DER and the employee in a confidential manner.

 

Section 9140.70  Preservation of Specimens and Records

 

a)         Laboratories testing a primary specimen of blood or urine that was reported with a verified positive, adulterated or substituted result must retain the primary specimen for a minimum of three years.  The specimen shall be kept in secure, long-term, frozen storage in accordance with requirements set forth by HHS.

 

b)         Within the three-year period, the MRO, the employee, or the DER may request in writing that the laboratory retain a specimen for an additional period of time, not to exceed one additional year.

 

c)         If a laboratory has not sent the split specimen to another laboratory for testing, the laboratory must retain the split specimen for the same period of time as the primary specimen and under the same storage conditions.

 

d)         Laboratories testing the split specimen must preserve the split specimen in accordance with subsections (a) and (b).

 

e)         Laboratories must retain all records pertaining to the testing of each employee specimen for a minimum of two years. Within this two-year period, the MRO, the employee or the DER may request in writing that the laboratory retain the records for an additional period of time, not to exceed two additional years.

 

f)         The employer shall maintain all collection forms for breath and saliva testing for a minimum of three years. Within this three-year period, the employee may request in writing that the employer retain the records for an additional period of time, not to exceed one additional year.

 

g)         Laboratories testing a specimen of blood or urine that was reported with a verified negative result shall discard both the primary and the split specimen as soon as possible.

 

Section 9140.80  Materials Incorporated by Reference

 

Copies of the incorporated material are available from the Illinois Workers' Compensation Commission, 100 West Randolph, Suite 8-200, Chicago, Illinois 60601 or on the Commission's Internet website, http://www.iwcc.il.gov/.