MHST PHYSICAL EXAMS RFQ SPECS AND TAC.pdf

REQUEST FOR QUOTATION

PHYSICAL EXAM AND DRUG TESTING

Revised 10/27/2014

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Purchasing Division is soliciting bids on behalf of the West Virginia Office of Miners’ Health, Safety and Training to establish an open-end contract for physical exams and drug and alcohol screenings.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in section 2 of the General Terms and

Conditions.

2.1 “Contract Item” or “Contract Items” means the list of items identified in Section

3.1 below and on the Pricing Pages.

2.2 “Pricing Pages” means the schedule of prices, estimated order quantity, and totals contained in wvOASIS or attached hereto as Exhibit A, and used to evaluate the

Solicitation responses.

2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Purchasing Division.

2.4 “Physical Exam” means the overall evaluation of fitness for inspector, instructor and/or mine rescue worker, as described in the specifications below.

2.5 “10-Panel Drug Screen” means the screening for prohibited substances, as described by the specifications below.

2.6 “Alcohol Test” means a chemical test of breath to determine the presence of alcohol.

2.7 "Random Testing" means that each person subject to testing has a statistically equal chance of being selected for testing at random and at unscheduled times.

2.8 “Mine Rescue Team” means a group of individuals who are assigned to perform rescue and recovery work, per WV Code. For the purposes of this solicitation, these team members are employed by the West Virginia Office of Miners’ Health, Safety and Training.

2.9 “MRO (Medical Review Officer)” means a licensed physician with knowledge of substance abuse disorders, laboratory testing, chain of custody, collection procedures, and the ability to verify positive, confirmed test results. The medical review officer is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results and shall possess the necessary medical training to interpret and evaluate a positive test result in relation to the person's medical history or any other relevant biomedical information.

3. GENERAL REQUIREMENTS:

3.1 Contract Items and Mandatory Requirements: Vendor shall provide

Agency with the Contract Items listed below on an open-end and continuing basis. Contract Items must meet or exceed the mandatory requirements as shown below.

3.1.1 PHYSICAL EXAM/MINE RESCUE PHYSICAL

3.1.1.1 Physical Exam must be performed according to 30 C.F.R.

49.7(c). See Addendum.

3.1.1.2 Each member of the mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions.

3.1.1.3 The first such physical examination shall be completed within 60 days prior to scheduled initial training.

3.1.1.4 The operator shall have MSHA Form 5000-3 certifying

medical fitness completed and signed by the examining physician for each member of a mine rescue team. These forms shall be kept on file at the mine rescue station for a period of one year. See Addendum.

3.1.1.5 A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.

3.1.1.6 In determining whether a miner is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration:

3.1.1.6.1 Seizure disorder.

3.1.1.6.2 Perforated eardrum.

3.1.1.6.3 Hearing loss without a hearing aid greater

than 40 decibels at 400, 1,000 and 2,000 Hz.

3.1.1.6.4 Repeated blood pressure (controlled or

uncontrolled by medication) reading which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic.

3.1.1.6.5 Distant visual acuity (without glasses) less

than 20/50 Snellen scale in one eye, and

20/70 in the other.

3.1.1.6.6 Heart disease.

3.1.1.6.7 Hernia.

3.1.1.6.8 Absence of a limb or hand.

3.1.1.6.9 Any other condition which the examining

physician determines is relevant to the question of whether the miner is fit for rescue team service.

3.1.2 10-PANEL DRUG SCREEN

3.1.2.1 10-Panel Drug Screen must be conducted in accordance with WV C.S.R. 56-13. See Addendum.

3.1.2.2 10-Panel Drug Screen must be available for all, but not limited to the following: pre-employment, quarterly randomized screenings, post-accident, mine rescue and reasonable suspicion.

3.1.2.3 10-Panel Drug Screen must screen for the following substances: Amphetamines, Cannabinoids/THC, Cocaine, Opiates, Phencyclidine (PCP), Benzodiazepines, Propoxyphene, Methadone, Barbiturates and Synthetic narcotics.

3.1.2.4 10-Panel Drug Screen must be obtained with the following method :Split samples shall be collected by providers who are certified as complying with standards and procedures set out in the United States Department of Transportation’s rule, 49 C.F.R. Part 40, which may be amended, from time to time, by legislative rule of the Office of Miners" Health, Safety, and Training. See Addendum. Collected samples shall be tested by laboratories certified by the United States

Department of Health and Human Services, Substance

Abuse and Mental Health Services Administration

(SAMHSA) for collection and testing.

3.1.2.5 10-Panel Drug Screen must be conducted using a scientifically valid method, such as a random number table or a computer-based random number generator.

3.1.3 ALCOHOL TEST

3.1.3.1 Alcohol Test must be completed during each 10-panel

screening and physical exam or as needed.

3.1.3.2 Alcohol Test must be conducted to conform with 49 C.F.R.

Part 40, Subparts j and n.

3.1.4 LOCATIONS

3.1.4.1 All physical exams, mine rescue physicals, drug screens, and alcohol tests must be performed at or near each agency office below:

3.1.4.1.1 Region 1: 14 Commerce Drive, Suite 1, Westover, WV 26501

3.1.4.1.2 Region 2: 830 Virginia Avenue, Welch, WV 24801

3.1.4.1.3 Region 3 (WVTCC): 431 Running Right Way, Julian, WV 25529

3.1.4.1.4 Region 4: 337 Industrial Drive, Oak Hill, WV

25901

3.1.4.1.5 Charleston Headquarters: #7 Players’ Club Drive, Suite 2, Charleston, WV 25311

3.1.5 PRIVACY, SECURITY AND CONFIDENTIALITY

3.1.5.1 The vendor agrees that it will not disclose to

anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the

Agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the agency’s policies, procedures and rules. Vendor further agrees to comply with the

Confidentiality Policies and Information Security

Accountability Requirements, set forth in the Addendum.

4 CONTRACT AWARD:

4.1 Contract Award: The Contract is intended to provide Agencies with a purchase price on all Contract Items. The Contract shall be awarded to the

Vendor that provides the Contract Items meeting the required specifications for the lowest overall total cost as shown on the Pricing Pages.

4.2 Pricing Pages: Vendor should complete the Pricing Pages by entering service cost for each listed commodity. Vendor should complete the Pricing

Pages in their entirety as failure to do so may result in Vendor’s bids being disqualified.

The Pricing Pages contain a list of the Contract Items and estimated purchase volume. The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the

Contract or any individual item is guaranteed or implied.

Vendor should electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document. In most cases, the Vendor can request an electronic copy of the Pricing Pages for bid purposes by sending an email request to the following address:

carley.r.cochran@wv.gov.

5 ORDERING AND PAYMENT:

5.1 Ordering: Vendor shall accept orders through wvOASIS, regular mail, facsimile, e-mail, or any other written form of communication. Vendor may, but is not required to, accept on-line orders through a secure internet ordering portal/website. If Vendor has the ability to accept on-line orders, it should include in its response a brief description of how Agencies may utilize the on-line ordering system. Vendor shall ensure that its on-line ordering system is properly secured prior to processing Agency orders on-line.

5.2 Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

6 DELIVERY AND RETURN:

6.1 Delivery Time: Vendor shall complete services requested as needed, within 2 days of the request received. Vendor shall perform all requests in accordance with the above schedule.

6.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party.

Any Agency seeking to obtain items from a third party under this provision must first obtain approval of the Purchasing Division.

6.3 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B. destination to the Agency’s location. Vendor shall include the cost of standard order delivery charges in its bid pricing/discount and is not permitted to charge the Agency separately for such delivery. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

6.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable, or permit the

Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the

Agency’s discretion.

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7 VENDOR DEFAULT:

7.1 The following shall be considered a vendor default under this Contract.

7.1.4 Failure to provide Contract Items in accordance with the requirements contained herein.

7.1.5 Failure to comply with other specifications and requirements contained herein.

7.1.6 Failure to comply with any laws, rules, and ordinances applicable to the

Contract Services provided under this Contract.

7.1.7 Failure to remedy deficient performance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2.4 Immediate cancellation of the Contract.

7.2.5 Immediate cancellation of one or more release orders issued under this

Contract.

7.2.6 Any other remedies available in law or equity.

8 MISCELLANEOUS:

8.1 No Substitutions: Vendor shall supply only Contract Items submitted in response to the Solicitation unless a contract modification is approved in accordance with the provisions contained in this Contract.

8.2 Vendor Supply: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

8.3 Reports: Vendor shall provide quarterly reports and annual summaries to the

Agency showing the Agency’s items purchased, quantities of items purchased, and total dollar value of the items purchased. Vendor shall also provide reports, upon request, showing the items purchased during the term of this Contract, the quantity purchased for each of those items, and the total value of purchases for each of those items. Failure to supply such reports may be grounds for cancellation of this

8.4 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this

Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager: ______________________

Telephone Number: ________________________

Fax Number: ______________________________

Email Address: ____________________________

This content is from the eCFR and is authoritative but unofficial.

Displaying title 49, up to date as of 9/29/2025. Title 49 was last amended 9/29/2025.

Title 49 —Transportation

Subtitle A —Office of the Secretary of Transportation

Part 40 —Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Subpart N—Problems in Alcohol Testing

§ 40.261 What is a refusal to take an alcohol test, and what are the consequences?

(a) As an employee, you are considered to have refused to take an alcohol test if you:

(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see § 40.241(a));

(2) Fail to remain at the testing site until the testing process is complete. Provided that an employee who leaves the collection site before the testing process commences (see § 40.243(a)) for a pre-employment test is not deemed to have refused to test. The BAT or STT is not required to inform an employee that the failure to remain at the collection site is a refusal. If an employee leaves prior to the completion of the testing process, per § 40.355(i) the employer must decide whether the employee's actions constitute a refusal;

(3) Fail to provide an adequate amount of saliva or breath for any alcohol test required by this part or DOT agency regulations; Provided that an employee who does not provide an adequate amount of breath or saliva because he or she has left the testing site before the testing process commences (see § 40.243(a)) for a pre-employment test is not deemed to have refused to test. The BAT or STT is not required to inform an employee that the failure to remain at the collection site is a refusal. If an employee leaves prior to the completion of the testing process, per § 40.355(i) the employer must decide whether the employee's actions constitute a refusal;

(4) Fail to provide a sufficient breath specimen, and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see § 40.265(c));

(5) Fail to undergo a medical examination or evaluation, as directed by the employer as part of the insufficient breath procedures outlined at § 40.265(c);

(6) Fail to sign the certification at Step 2 of the ATF (see §§ 40.241(g) and 40.251(d)); or

(7) Fail to cooperate with any part of the testing process.

(b) As an employee, if you refuse to take an alcohol test, you incur the same consequences specified under DOT agency regulations for a violation of those DOT agency regulations. The consequences specified under DOT agency regulations for a refusal cannot be overturned or set aside by an arbitration, grievance, State court or other non-Federal forum that adjudicates the personnel decisions the employer has taken against the employee.

(c)

(1) As a BAT or an STT, or as the physician evaluating a “shy lung” situation, when an employee refuses to test as provided in paragraph

(a) of this section, you must terminate the portion of the testing process in which you are involved, document the refusal on the ATF

(or in a separate document which you cause to be attached to the form), immediately notify the DER by any means (e.g., telephone

Subpart N Problems in Alcohol Testing 40.261 – 40.277

§ 40.261 What is a refusal to take an alcohol test, and what are the consequences?

§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?

§ 40.267 What problems always cause an alcohol test to be cancelled?

§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?

§ 40.271 How are alcohol testing problems corrected?

§ 40.273 What is the effect of a cancelled alcohol test?

§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?

ENHANCED CONTENT - TABLE OF CONTENTS

Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

EDITORIAL NOTE ON PART 40

https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 https://www.ecfr.gov/current/title-49/section-40.241#p-40.241(a) https://www.ecfr.gov/current/title-49/section-40.243#p-40.243(a) https://www.ecfr.gov/current/title-49/section-40.355#p-40.355(i) https://www.ecfr.gov/current/title-49/section-40.243#p-40.243(a) https://www.ecfr.gov/current/title-49/section-40.355#p-40.355(i) https://www.ecfr.gov/current/title-49/section-40.265#p-40.265(c) https://www.ecfr.gov/current/title-49/section-40.265#p-40.265(c) https://www.ecfr.gov/current/title-49/section-40.241#p-40.241(g) https://www.ecfr.gov/current/title-49/section-40.251#p-40.251(d) https://www.ecfr.gov/current/title-49/section-40.261#p-40.261(a) https://www.ecfr.gov/current/title-49/section-40.261#p-40.261(a) https://www.ecfr.gov/current/title-49/section-40.261#p-40.261(a) https://www.ecfr.gov/current/title-49/section-40.261#p-40.261(a) https://www.ecfr.gov/current/title-49/subtitle-A/part-40/subpart-N?toc=1 https://www.federalregister.gov/citation/73-FR-33329 https://www.ecfr.gov/current/title-49/part-40?toc=1

[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001; 88 FR 27649, May 2, 2023]

§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?

or secure fax machine) that ensures the refusal notification is immediately received. You must make this notification directly to the

DER (not using a C/TPA as an intermediary).

(2) As the BAT or STT, you must note the actions that may constitute a refusal in the “Remarks” line (Step 3), and sign and date the ATF.

The BAT or STT does not make the final decision about whether the employee's conduct constitutes a refusal to test; the employer has the sole responsibility to decide whether a refusal occurred, as stated in § 40.355(i), the employer has a non-delegable duty to make the decision about whether the employee has refused to test.

(d) As an employee, when you refuse to take a non-DOT test or to sign a non-DOT form, you have not refused to take a DOT test. There are no consequences under DOT agency regulations for such a refusal.

(a) As the STT, you must take the following steps if an employee is unable to provide sufficient saliva to complete a test on a saliva screening device (e.g., the employee does not provide sufficient saliva to activate the device).

(1) You must conduct a new screening test using a new screening device.

(2) If the employee refuses to make the attempt to complete the new test, you must discontinue testing, note the fact on the “Remarks” line of the ATF, and immediately notify the DER. This is a refusal to test.

(3) If the employee has not provided a sufficient amount of saliva to complete the new test, you must note the fact on the “Remarks” line of the ATF and immediately notify the DER.

(b) As the DER, when the STT informs you that the employee has not provided a sufficient amount of saliva (see paragraph (a)(3) of this section), you must immediately arrange to administer an alcohol test to the employee using an EBT or other breath testing device.

(a) If an employee does not provide a sufficient amount of breath to permit a valid breath test, you must take the steps listed in this section.

(b) As the BAT or STT, you must instruct the employee to attempt again to provide a sufficient amount of breath and about the proper way to do so.

(1) If the employee refuses to make the attempt, you must discontinue the test, note the fact on the “Remarks” line of the ATF, and immediately notify the DER. This is a refusal to test.

(2) If the employee again attempts and fails to provide a sufficient amount of breath, you may provide another opportunity to the employee to do so if you believe that there is a strong likelihood that it could result in providing a sufficient amount of breath.

(3) When the employee's attempts under paragraph (b)(2) of this section have failed to produce a sufficient amount of breath, you must note the fact on the “Remarks” line of the ATF and immediately notify the DER.

(4) If you are using an EBT that has the capability of operating manually, you may attempt to conduct the test in manual mode.

(5) If you are qualified to use a saliva ASD and you are in the screening test stage, you may change to a saliva ASD only to complete the screening test.

(c) As the employer, when the BAT or STT informs you that the employee has not provided a sufficient amount of breath, you must direct the employee to obtain, within five days, an evaluation from a licensed physician who is acceptable to you and who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen.

(1) You are required to provide the physician who will conduct the evaluation with the following information and instructions:

(i) That the employee was required to take a DOT breath alcohol test, but was unable to provide a sufficient amount of breath to complete the test;

(ii) The consequences of the appropriate DOT agency regulation for refusing to take the required alcohol test;

(iii) That the physician must provide you with a signed statement of his or her conclusions; and

(iv) That the physician, in his or her reasonable medical judgment, must base those conclusions on one of the following determinations:

(A) A medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of breath. The physician must not include in the signed statement detailed information on the employee's medical condition. In this case, the test is cancelled.

(B) There is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of breath. This constitutes a refusal to test.

https://www.federalregister.gov/citation/65-FR-79526 https://www.federalregister.gov/citation/66-FR-41954 https://www.federalregister.gov/citation/88-FR-27649 https://www.ecfr.gov/current/title-49/section-40.355#p-40.355(i) https://www.ecfr.gov/current/title-49/section-40.263#p-40.263(a)(3) https://www.ecfr.gov/current/title-49/section-40.265#p-40.265(b)(2)

§ 40.267 What problems always cause an alcohol test to be cancelled?

As an employer, a BAT, or an STT, you must cancel an alcohol test if any of the following problems occur. These are “fatal flaws.” You must inform the DER that the test was cancelled and must be treated as if the test never occurred. These problems are:

[65 FR 79526, Dec. 19, 2000, as amended at 67 FR 61522, Oct. 1, 2002; 71 FR 49384, Aug. 23, 2006; 72 FR 1299, Jan. 11, 2007]

§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?

As a BAT or STT, or employer, you must cancel an alcohol test if any of the following problems occur, unless they are corrected. These are

“correctable flaws.” These problems are:

[65 FR 79526, Dec. 19, 2000, as amended at 71 FR 49384, Aug. 23, 2006]

§ 40.271 How are alcohol testing problems corrected?

(C) For purposes of paragraphs (c)(1)(iv)(A) and (B) of this section, a medical condition includes an ascertainable physiological condition (e.g., a respiratory system dysfunction) or a medically documented pre-existing psychological disorder, but does not include unsupported assertions of “situational anxiety” or hyperventilation.

(2) As the physician making the evaluation, after making your determination, you must provide a written statement of your conclusions and the basis for them to the DER directly (and not through a C/TPA acting as an itermediary). You must not include in this statement detailed information on the employee's medical condition beyond what is necessary to explain your conclusion.

(3) Upon receipt of the report from the examining physician, as the DER you must immediately inform the employee and take appropriate action based upon your DOT agency regulations.

(a) In the case of a screening test conducted on a saliva ASD or a breath tube ASD:

(1) The STT or BAT reads the result either sooner than or later than the time allotted by the manufacturer and this Part (see § 40.245(a)

(8) for the saliva ASD and § 40.245(b)(8) for the breath tube ASD).

(2) The saliva ASD does not activate (see § 40.245(a)(7); or

(3) The device is used for a test after the expiration date printed on the device or on its package (see § 40.245(a)(1) for the saliva ASD and § 40.245(b)(1) for the breath tube ASD).

(4) The breath tube ASD is tested with an analyzer which has not been pre-calibrated for that device's specific lot (see § 40.245(b)(1)).

(b) In the case of a screening or confirmation test conducted on an EBT, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result (see § 40.253(c), (e) and (f)).

(c) In the case of a confirmation test:

(1) The BAT conducts the confirmation test before the end of the minimum 15-minute waiting period (see § 40.251(a)(1));

(2) The BAT does not conduct an air blank before the confirmation test (see § 40.253(a));

(3) There is not a 0.00 result on the air blank conducted before the confirmation test (see § 40.253(a)(1) and (2));

(4) The EBT does not print the result (see § 40.253(f)); or

(5) The next external calibration check of the EBT produces a result that differs by more than the tolerance stated in the QAP from the known value of the test standard. In this case, every result of 0.02 or above obtained on the EBT since the last valid external calibration check is cancelled (see § 40.233(a)(1) and (c)(3)).

(a) The BAT or STT does not sign the ATF (see §§ 40.247(a)(1) and 40.255(a)(1)).

(b) The BAT or STT fails to note on the “Remarks” line of the ATF that the employee has not signed the ATF after the result is obtained (see §

40.255(a)(3)).

(c) The BAT or STT uses a non-DOT form for the test (see § 40.225(a)).

(a) As a BAT or STT, you have the responsibility of trying to complete successfully an alcohol test for each employee.

(1) If, during or shortly after the testing process, you become aware of any event that will cause the test to be cancelled (see § 40.267), you must try to correct the problem promptly, if practicable. You may repeat the testing process as part of this effort.

(2) If repeating the testing process is necessary, you must begin a new test as soon as possible. You must use a new ATF, a new sequential test number, and, if needed, a new ASD and/or a new EBT. It is permissible to use additional technical capabilities of the

EBT (e.g., manual operation) if you have been trained to do so in accordance with § 40.213(c) .

https://www.federalregister.gov/citation/65-FR-79526 https://www.federalregister.gov/citation/67-FR-61522 https://www.federalregister.gov/citation/71-FR-49384 https://www.federalregister.gov/citation/72-FR-1299 https://www.federalregister.gov/citation/65-FR-79526 https://www.federalregister.gov/citation/71-FR-49384 https://www.ecfr.gov/current/title-49/section-40.265#p-40.265(c)(1)(iv)(A) https://www.ecfr.gov/current/title-49/section-40.265#p-40.265(c)(1)(iv)(B) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(a)(8) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(a)(8) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(b)(8) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(a)(7) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(a)(1) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(b)(1) https://www.ecfr.gov/current/title-49/section-40.245#p-40.245(b)(1) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(c) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(e) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(f) https://www.ecfr.gov/current/title-49/section-40.251#p-40.251(a)(1) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(a) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(a)(1) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(a)(2) https://www.ecfr.gov/current/title-49/section-40.253#p-40.253(f) https://www.ecfr.gov/current/title-49/section-40.233#p-40.233(a)(1) https://www.ecfr.gov/current/title-49/section-40.233#p-40.233(c)(3) https://www.ecfr.gov/current/title-49/section-40.247#p-40.247(a)(1) https://www.ecfr.gov/current/title-49/section-40.255#p-40.255(a)(1) https://www.ecfr.gov/current/title-49/section-40.255#p-40.255(a)(3) https://www.ecfr.gov/current/title-49/section-40.255#p-40.255(a)(3) https://www.ecfr.gov/current/title-49/section-40.225#p-40.225(a) https://www.ecfr.gov/current/title-49/section-40.267 https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(c)

§ 40.273 What is the effect of a cancelled alcohol test?

§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?

No, other types of alcohol tests (e,g., blood and urine) are not authorized for testing done under this part. Only saliva or breath for screening tests and breath for confirmation tests using approved devices are permitted.

(3) If repeating the testing process is necessary, you are not limited in the number of attempts to complete the test, provided that the employee is making a good faith effort to comply with the testing process.

(4) If another testing device is not available for the new test at the testing site, you must immediately notify the DER and advise the DER that the test could not be completed. As the DER who receives this information, you must make all reasonable efforts to ensure that the test is conducted at another testing site as soon as possible.

(b) If, as an STT, BAT, employer or other service agent administering the testing process, you become aware of a “correctable flaw” (see §

40.269) that has not already been corrected, you must take all practicable action to correct the problem so that the test is not cancelled.

(1) If the problem resulted from the omission of required information, you must, as the person responsible for providing that information, supply in writing the missing information and a signed statement that it is true and accurate. For example, suppose you are a BAT and you forgot to make a notation on the “Remarks” line of the ATF that the employee did not sign the certification. You would, when the problem is called to your attention, supply a signed statement that the employee failed or refused to sign the certification after the result was obtained, and that your signed statement is true and accurate.

(2) If the problem is the use of a non-DOT form, you must, as the person responsible for the use of the incorrect form, certify in writing that the incorrect form contains all the information needed for a valid DOT alcohol test. You must also provide a signed statement that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control, and the steps you have taken to prevent future use of non-DOT forms for DOT tests. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.

(c) If you cannot correct the problem, you must cancel the test.

(a) A cancelled alcohol test is neither positive nor negative.

(1) As an employer, you must not attach to a cancelled test the consequences of a test result that is 0.02 or greater (e.g., removal from a safety-sensitive position).

(2) As an employer, you must not use a cancelled test in a situation where an employee needs a test result that is below 0.02 (e.g., in the case of a return-to-duty or follow-up test to authorize the employee to perform safety-sensitive functions).

(3) As an employer, you must not direct a recollection for an employee because a test has been cancelled, except in the situations cited in paragraph (a)(2) of this section or other provisions of this part.

(b) A cancelled test does not count toward compliance with DOT requirements, such as a minimum random testing rate.

(c) When a test must be cancelled, if you are the BAT, STT, or other person who determines that the cancellation is necessary, you must inform the affected DER within 48 hours of the cancellation.

(d) A cancelled DOT test does not provide a valid basis for an employer to conduct a non-DOT test (i.e., a test under company authority).

(a) As an STT, BAT, employer, or a service agent administering the testing process, you must document any errors in the testing process of which you become aware, even if they are not “fatal flaws” or “correctable flaws” listed in this subpart. Decisions about the ultimate impact of these errors will be determined by administrative or legal proceedings, subject to the limitation of paragraph (b) of this section.

(b) No person concerned with the testing process may declare a test cancelled based on a mistake in the process that does not have a significant adverse effect on the right of the employee to a fair and accurate test. For example, it is inconsistent with this part to cancel a test based on a minor administrative mistake (e.g., the omission of the employee's middle initial) or an error that does not affect employee protections under this part. Nor does the failure of an employee to sign in Step 4 of the ATF result in the cancellation of the test. Nor is a test to be cancelled on the basis of a claim by an employee that he or she was improperly selected for testing.

(c) As an employer, these errors, even though not sufficient to cancel an alcohol test result, may subject you to enforcement action under

DOT agency regulations.

https://www.ecfr.gov/current/title-49/section-40.269 https://www.ecfr.gov/current/title-49/section-40.269 https://www.ecfr.gov/current/title-49/section-40.273#p-40.273(a)(2) https://www.ecfr.gov/current/title-49/section-40.275#p-40.275(b)

Displaying title 49, up to date as of 9/29/2025. Title 49 was last amended 9/29/2025.

Title 49 —Transportation

Subtitle A —Office of the Secretary of Transportation

Part 40 —Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Subpart J—Alcohol Testing Personnel

§ 40.211 Who conducts DOT alcohol tests?

§ 40.213 What training requirements must STTs and BATs meet?

To be permitted to act as a BAT or STT in the DOT alcohol testing program, you must meet each of the requirements of this section:

(a) Screening test technicians (STTs) and breath alcohol technicians (BATs) meeting their respective requirements of this subpart are the only people authorized to conduct DOT alcohol tests.

(b) An STT can conduct only alcohol screening tests, but a BAT can conduct alcohol screening and confirmation tests.

(c) As a BAT- or STT-qualified immediate supervisor of a particular employee, you may not act as the STT or BAT when that employee is tested, unless no other STT or BAT is available and DOT agency regulations do not prohibit you from doing so.

(a) You must be knowledgeable about the alcohol testing procedures in this part and the current DOT guidance. Procedures and guidance are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-3784, or on the

ODAPC Web site, http://www.transportation.gov/odapc). You must keep current on any changes to these materials. You must subscribe to the ODAPC list-serve at (https://www.transportation.gov/odapc/get-odapc-email-updates).

(b) Qualification training. You must receive qualification training meeting the requirements of this paragraph (b).

(1) Qualification training must be in accordance with the DOT Model BAT or STT Course, as applicable. The DOT Model Courses are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue, SE., Washington DC, 20590, 202-366-3784, or on the ODAPC web site, http://www.dot.gov/ost/dapc). The training can also be provided using a course of instruction equivalent to the

DOT Model Courses. On request, ODAPC will review BAT and STT instruction courses for equivalency.

(2) Qualification training must include training to proficiency in using the alcohol testing procedures of this part and in the operation of the particular alcohol testing device(s) (i.e., the ASD(s) or EBT(s)) you will be using.

(3) The training must emphasize that you are responsible for maintaining the integrity of the testing process, ensuring the privacy of employees being tested, and avoiding conduct or statements that could be viewed as offensive or inappropriate.

(4) The instructor must be an individual who has demonstrated necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests as an STT or BAT, as applicable, for a period of at least a year, who has conducted STT or BAT training, as applicable, under this part for a year, or who has successfully completed a “train the trainer” course.

(c) Initial Proficiency Demonstration. Following your completion of qualification training under paragraph (b) of this section, you must demonstrate proficiency in alcohol testing under this part by completing seven consecutive error-free mock tests (BATs) or five consecutive error-free tests (STTs).

(1) Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between the instructor and trainee, and attest in writing that the mock collections are “error-free.” This person must be an individual who meets the requirements of paragraph (b)(4) of this section.

(2) These tests must use the alcohol testing devices (e.g., EBT(s) or ASD(s)) that you will use as a BAT or STT.

Subpart J Alcohol Testing Personnel 40.211 – 40.215

§ 40.211 Who conducts DOT alcohol tests?

§ 40.213 What training requirements must STTs and BATs meet?

§ 40.215 What information about the DER do employers have to provide to BATs and STTs?

ENHANCED CONTENT - TABLE OF CONTENTS

Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

EDITORIAL NOTE ON PART 40

https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49 https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 https://www.ecfr.gov/current/title-49/subtitle-A/part-40?toc=1 http://www.transportation.gov/odapc https://www.transportation.gov/odapc/get-odapc-email-updates https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b) http://www.dot.gov/ost/dapc https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b)(4) https://www.ecfr.gov/current/title-49/subtitle-A/part-40/subpart-J?toc=1 https://www.federalregister.gov/citation/73-FR-33329 https://www.ecfr.gov/current/title-49/part-40?toc=1

[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001; 75 FR 5244, Feb. 2, 2010; 82 FR 52246, Nov. 13, 2017]

§ 40.215 What information about the DER do employers have to provide to BATs and STTs?

As an employer, you must provide to the STTs and BATs the name and telephone number of the appropriate DER (and C/TPA, where applicable) to contact about any problems or issues that may arise during the testing process.

(3) If you are an STT who will be using an ASD that indicates readings by changes, contrasts, or other readings in color, you must demonstrate as part of the mock test that you are able to discern changes, contrasts, or readings correctly.

(d) You must meet the requirements of paragraphs (b) and (c) of this section before you begin to perform STT or BAT functions.

(e) Refresher training. No less frequently than every five years from the date on which you satisfactorily complete the requirements of paragraphs (b) and (c) of this section, you must complete refresher training that meets all the requirements of paragraphs (b) and (c) of this section.

(f) Error Correction Training. If you make a mistake in the alcohol testing process that causes a test to be cancelled (i.e., a fatal or uncorrected flaw), you must undergo error correction training. This training must occur within 30 days of the date you are notified of the error that led to the need for retraining.

(1) Error correction training must be provided and your proficiency documented in writing by a person who meets the requirements of paragraph (b)(4) of this section.

(2) Error correction training is required to cover only the subject matter area(s) in which the error that caused the test to be cancelled occurred.

(3) As part of the error correction training, you must demonstrate your proficiency in the alcohol testing procedures of this part by completing three consecutive error-free mock tests. The mock tests must include one uneventful scenario and two scenarios related to the area(s) in which your error(s) occurred. The person providing the training must monitor and evaluate your performance and attest in writing that the mock tests were error-free.

(g) Documentation. You must maintain documentation showing that you currently meet all requirements of this section. You must provide this documentation on request to DOT agency representatives and to employers and C/TPAs who are negotiating to use your services.

(h) Other persons who may serve as BATs or STTs.

(1) Anyone meeting the requirements of this section to be a BAT may act as an STT, provided that the individual has demonstrated initial proficiency in the operation of the ASD that he or she is using, as provided in paragraph (c) of this section.

(2) Law enforcement officers who have been certified by state or local governments to conduct breath alcohol testing are deemed to be qualified as BATs. They are not required to also complete the training requirements of this section in order to act as BATs. In order for a test conducted by such an officer to be accepted under DOT alcohol testing requirements, the officer must have been certified by a state or local government to use the EBT or ASD that was used for the test.

https://www.federalregister.gov/citation/65-FR-79526 https://www.federalregister.gov/citation/66-FR-41954 https://www.federalregister.gov/citation/75-FR-5244 https://www.federalregister.gov/citation/82-FR-52246 https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(c) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(c) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(c) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(b)(4) https://www.ecfr.gov/current/title-49/section-40.213#p-40.213(c)

Displaying title 30, up to date as of 9/29/2025. Title 30 was last amended 9/25/2025.

Title 30 —Mineral Resources

Chapter I —Mine Safety and Health Administration, Department of Labor

Subchapter H —Education and Training

Part 49 —Mine Rescue Teams

Subpart A —Mine Rescue Teams for Underground Metal and Nonmetal Mines

§ 49.7 Physical requirements for mine rescue team.

(a) Each member of a mine rescue team shall be examined annually by a physician who shall certify that each person is physically fit to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The first such physical examination shall be completed within 60 days prior to scheduled initial training. A team member requiring corrective eyeglasses will not be disqualified provided the eyeglasses can be worn securely within an approved facepiece.

(b) In determining whether a miner is physically capable of performing mine rescue duties, the physician shall take the following conditions into consideration:

(1) Seizure disorder;

(2) Perforated eardrum;

(3) Hearing loss without a hearing aid greater than 40 decibels at 400, 1,000 and 2,000 Hz;

(4) Repeated blood pressure (controlled or uncontrolled by medication) reading which exceeds 160 systolic, or 100 diastolic, or which is less than 105 systolic, or 60 diastolic;

(5) Distant visual acuity (without glasses) less than 20/50 Snellen scale in one eye, and 20/70 in the other;

(6) Heart disease;

(7) Hernia;

(8) Absence of a limb or hand; or

(9) Any other condition which the examining physician determines is relevant to the question of whether the miner is fit for rescue team service;

(c) The operator shall have MSHA Form 5000-3 certifying medical fitness completed and signed by the examining physician for each member of a mine rescue team. These forms shall be kept on file at the mine rescue station for a period of one year.

https://www.ecfr.gov/current/title-30 https://www.ecfr.gov/current/title-30 https://www.ecfr.gov/current/title-30 https://www.ecfr.gov/current/title-30/chapter-I https://www.ecfr.gov/current/title-30/chapter-I https://www.ecfr.gov/current/title-30/chapter-I https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49?toc=1 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49?toc=1 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49?toc=1 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49/subpart-A?toc=1 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49/subpart-A?toc=1 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-H/part-49/subpart-A?toc=1

Revised 8/24/2023

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

(Agency Delegated Procurements Only)

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the

Solicitation will result in bid disqualification.

2A. PREBID MEETING: The item identified below shall apply to this Solicitation.

[ ] A pre-bid meeting will not be held prior to bid opening

[ ] A MANDATORY PRE-BID meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf. The required attribution of attendance to a single vendor should be addressed during the pre-bid but may occur at any time deemed appropriate by the Purchasing Division.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing.

Additionally, the person attending the pre-bid meeting should include the Vendor’s E-Mail address, phone number, and Fax number on the attendance sheet.