Yes, for the screening test only. Under 49 CFR 40.277, saliva or breath may be used for screening tests, and only breath may be used for confirmation tests, using approved devices. Under 49 CFR 40.229, the saliva device must be an alcohol screening device (ASD) listed on ODAPC's web page of approved screening devices.
Under 49 CFR 40.245(a), the STT or BAT checks the expiration date on the device and shows it to the employee, and an expired device may not be used. The technician opens the sealed package in front of the employee and offers the employee the chance to use the device. If the employee declines, the technician, wearing single-use gloves, places the device in the employee's mouth. The result is read no sooner than the manufacturer instructs and within 15 minutes of the test, shown to the employee and recorded on the ATF. Devices, swabs and gloves are never reused.
Under 49 CFR 40.245(a)(6), if the screening steps cannot be completed, for example because the device breaks or is dropped, the technician discards it and conducts a new test with a new device. If the new test also cannot be completed, the technician ends the collection, notes the reason on the Remarks line and directs a new test immediately using an EBT for the screening test. Under 40.245(a)(7), if the device was used correctly but does not activate, the technician discards it and conducts a new test in the same way, placing the new device in the employee's mouth to collect saliva. Under 49 CFR 40.263(a), an employee who cannot provide enough saliva is given a new screening test on a new device, and refusing to attempt that new test is a refusal. If the new test also lacks enough saliva, the STT notes it on the Remarks line and notifies the DER, who under 40.263(b) immediately arranges a test using an EBT or other breath testing device.
Under 49 CFR 40.267(a), reading a saliva ASD sooner or later than allowed, a device that does not activate, and use after the expiration date are fatal flaws that cancel the test. A saliva screening result of 0.02 or higher still requires a breath confirmation test on an EBT, as covered in When Is a DOT Alcohol Confirmation Test Required?.
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