177 Neb. Admin. Code, ch. 1, § 008

Current through May 7, 2024

Section 177-1-008 - LIST OF APPROVED METHODS, BREATH TESTING INSTRUMENTS, CALIBRATION DEVICES, AND INTERNAL REFERENCE STANDARDS FOR CLASS B PERMIT HOLDERS

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.

008.03ADataMaster 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.

008.03BIntoxilyzer 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.

008.04Wet 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:

008.04ACertification. 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.

177 Neb. Admin. Code, ch. 1, § 008