008.01 All evidentiary breath testing devices
that have been evaluated and approved by the National Highway Traffic Safety
Administration (NHTSA) and published on the Conforming Products Lists of
Evidential Breath Measuring Devices are approved devices in the State of
Nebraska for the purposes of this rule and for Drug and Alcohol Testing in the
Workplace (Title 177 NAC 6). Prior to use of a NHTSA approved device for
evidentiary breath tests conducted by law enforcement, the checklist technique
and operating procedures for that device must be included in these regulations.
For Drug and Alcohol Testing in the Workplace (Title 177 NAC
6) testing, the operator is to conduct the test in accordance with the
instructions provided by the manufacturer for the instrument. Although a
checklist is not required, the test record produced by the instrument must be
retained. The instrument is to be calibrated in conformance with the
manufacturer's instructions.
008.01A
Approved evidentiary breath testing methods and instruments conducted by law
enforcement, except preliminary breath testing devices, are listed below.
a. Intoxilyzer, all models
b. DataMaster, all models
c. Intoximeters, all models
008.01B Infrared absorption
analysis using the Intoxilyzer and all instruments under the Intoxilyzer name.
Checklist technique, as found in Attachment 16, attached and incorporated
herein by reference, is approved for the Intoxilyzer.
008.01C Infrared absorption analysis using
the Model DataMaster or Intoximeters and all instruments under the DataMaster
or Intoximeters names. Checklist technique, as found in Attachment 16, is
approved for the DataMaster or Intoximeters.
008.02 All calibration equipment that has
been approved by the National Highway Traffic Safety Administration and
published on the Conforming Product List of Calibrating Units for Breath
Alcohol Testers is approved for calibration and verification of calibration of
breath testing devices.
008.03
Approved reference standards and their use in calibration verification of
evidentiary breath testing devices are described below and shall be used by a
Class B permit holder with the applicable instrument.
008.03A
DataMaster or
Intoximeters with Internal Reference standard consisting of a
known quartz filter used as a known standard specific to each instrument is an
approved reference standard. Prior to placement into service at a testing site,
the DataMaster or Intoximeters device with the internal quartz standard shall
have the calibration checked with an alcohol wet bath simulator solution or dry
gas standard.
008.03A1 Following the
DataMaster or Intoximeters calibration check, an internal calibration analysis
shall be performed. The results of this internal calibration check must be
within +/- 5% of the target value.
008.03A1a
If the internal check is not within +/- 5%, the instrument will abort the test
and "Calibration Error" is displayed and printed on the test record.
008.03A2 Attachment 5, attached
and incorporated herein by reference, shall be used for certifying the accuracy
of the internal quartz standard used for calibration checks.
008.03B
Intoxilyzer
Internal Reference standard consisting of filters of predetermined
values which correspond to the calibration setting of the instrument is an
approved reference standard.
008.03B1 Prior to
placement into service, the Intoxilyzer breath testing device with the internal
reference standard(s) shall have the calibration checked with an alcohol wet
bath simulator solution or dry gas standard.
008.03B2 Following the Intoxilyzer
calibration check, an internal calibration analysis shall be performed. The
result of this internal calibration check must indicate that all predetermined
target values are within +/- 5% of the target values.
008.03B2a If any of the internal standards
are not within +/- 5% of the target values, the instrument will abort the test
and indicate the error by displaying and printing an error message.
008.03B3 Attachment 12, attached
and incorporated herein by reference, shall be used for certifying the accuracy
of the internal calibration reference standards.
008.04
Wet Bath
Simulator Solutions or Dry Gas Standards. Testing device
calibration and calibration verification shall be performed using either dry
gas standards or wet bath simulator solutions as follows:
008.04A
Certification. The wet bath simulator solution or dry
gas standard must be accompanied by a certificate of analysis. The certificate
of analysis must contain the following information:
a. Name of the company which prepared the
solution;
b. Name of the person who
tested the solution;
c. Solution
identification;
d. Chemical
analysis of the solution;
e.
Expected breath instrument calibration check test result;
f. Name of the accreditation institution
(ISO, NIST, etc.) for the testing laboratory; and
g. A notarized signature of the responsible
individual (company president or testing operator, e.g.).
008.04B Wet bath simulator solutions can be
used for 100 analyses when used with devices that use vapor
recirculation.
008.04C Dry gas
standards may be used until their date of expiration.
008.04D Wet bath simulator solutions and dry
gas standards may be stored at ambient room temperature. It shall be stored in
a tightly stoppered device or other tightly stoppered container. The useful
life of a wet bath simulator solution is 24 months.
