Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH
Chapter 6 - DRUG AND ALCOHOL TESTING IN THE WORKPLACE
Section 177-6-002 - BREATH SAMPLE CONFIRMATION TESTING OF A POSITIVE FINDING OF ALCOHOL IN A PRELIMINARY SCREENING PROCEDURE

Universal Citation: 177 NE Admin Rules and Regs ch 6 § 002

Current through September 17, 2024

002.01 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 Drug and Alcohol Testing in the Workplace. The instrument is to be calibrated in conformance with the manufacturer's instructions. 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 card or tape produced by the instrument must be retained.

002.02 A positive result must be confirmed with a second breath sample or a blood sample. If the second sample is breath, the result must be within 20% of the original sample.

002.02A If the two breath tests do not agree within 20%, a blood test, as set forth in section 003, shall be performed. A blood test may be performed in lieu of the second breath test; if so, it is considered the final result, regardless of whether it agrees with the original breath test.

002.03 Breath sample confirming tests shall be preformed by a breath-testing-device operator. Breath Testing Device operators shall obtain a valid Class B permit for testing in the workplace as follows:

002.03A Application for a Class B Permit shall be made on a form prescribed by the Department as shown in Attachment 1, attached and incorporated by reference.

002.03B The Class B permit applicant shall attend a training session consisting of a minimum of six hours of instruction. The course shall include the method and technique of the testing device. It will include the basic operation of the device and its proper use for evidentiary testing. The applicant shall demonstrate the ability to properly operate the appropriate device.

002.03C To obtain a Class B permit, the applicant shall achieve at least 70% on an examination from the Department of Health and Human Services.

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