Action
Final rule, request for comments.
Summary
On February 15, 1994, the Department of Transportation published final alcohol testing rules, including a requirement that evidential breath testing devices be used to conduct alcohol tests. The Department also published a notice of proposed rulemaking seeking comment on whether blood testing should be used in very limited circumstances (i.e., for reasonable suspicion and post-accident tests, where evidential breath testing was not available). After reviewing the comments, the Department has decided not to authorize blood testing as proposed. The Department's operating administrations are amending their alcohol testing rules to require employers to submit to the Department reports of reasonable suspicion and post-accident tests that could not be conducted because breath testing was unavailable.