---
kind: "section"
citation: "49 C.F.R. § 40.227"
title: "49"
number: "40.227"
heading: "May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?"
url: "https://uscodex.org/cfr/49/40.227"
---

# §40.227. May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?

- (a) **No, as an employer, BAT, or STT, you are prohibited from using the ATF for non-DOT alcohol tests.** You are also prohibited from using non-DOT forms for DOT alcohol tests. Doing either subjects you to enforcement action under DOT agency regulations.
- (b) If the STT or BAT, either by mistake, or as the only means to conduct a test under difficult circumstances (e.g., post-accident test with insufficient time to obtain the ATF), uses a non-DOT form for a DOT test, the use of a non-DOT form does not, in and of itself, require the employer or service agent to cancel the test. However, in order for the test to be considered valid, a signed statement must be obtained from the STT or BAT in accordance with [§ 40.271(b)](/cfr/49/40.271.md?p=b) .

## Notes

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.