Breath alcohol technician (BAT)

Scope

These requirements apply to BATs using EBTs to test drivers of commercial motor vehicles (CMVs) in interstate, intrastate, and foreign commerce.

Regulatory citations

• 49 CFR 40.211 — Who conducts DOT alcohol tests?
• 49 CFR 40.213 — What training requirements must STTs and BATs meet? 

Key definitions

• Breath alcohol technician (BAT): A person who instructs and assists drivers in the alcohol testing process and operates an evidential breath testing device (EBT).
• Evidential breath testing device (EBT): A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the .02 and .04 alcohol concentrations, and appears on the Office of Drug and Alcohol Policy and Compliance’s (ODAPC) webpage for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.

• Screening test technician (STT): A person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device (ASD).

Summary of requirements

Breath alcohol technicians (BATs) can conduct both alcohol screening and confirmation tests if they meet specific training requirements. The BAT must be knowledgeable about the Part 40 alcohol testing procedures and current Department of Transportation (DOT) guidance. The BAT must keep current on any changes to these materials.

Qualification training. Qualification training must:

• Be in accordance with the DOT Model BAT Course. A course of instruction equivalent to the DOT Model Courses is acceptable;
• Include training to proficiency in using the Part 40 alcohol testing procedures and in operation of the particular testing device the BAT will be using; and
• Emphasize that the BAT is 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.

The instructor performing the qualification training must be an individual who has:

• Demonstrated necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests as a BAT for a period of at least one year; or
• Successfully completed a “train the trainer” course.

Initial proficiency demonstration. Following completion of qualification training, BATs must demonstrate proficiency in Part 40 alcohol testing by completing seven consecutive error-free mock tests using the testing device they will be using to conduct collections.

Another person must monitor and evaluate the BAT’s performance and attest in writing that the mock collections are error-free. This person must be an individual who has demonstrated necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests as a BAT for a period of at least one year, or who has successfully completed a “train the trainer” course.

Refresher training. Refresher training must be completed at least once every five years from the date the BAT successfully completed the Qualification Training and Initial Proficiency Demonstration.

Error correction training. If a BAT makes a mistake in the alcohol testing process that causes a test to be canceled (fatal or uncorrected flaw), the BAT must undergo error correction training.

The training must cover only the subject matter area(s) in which the error that caused the test to be canceled occurred.

The instructor must be an individual who has demonstrated necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests as a BAT for a period of at least one year, or who has successfully completed a “train the trainer” course.

As part of the error correction training, the BAT must complete three consecutive error-free mock tests. The mock tests must include one uneventful scenario and two scenarios related to the area in which the error occurred. The person providing the training must monitor the tests and attest in writing that they were error free.

This training must occur within 30 days of the date the BAT is notified of the error that led to the need for retraining.

Others who may serve as a BAT. Anyone who is qualified to be a BAT may act as a screening test technician (STT), provided the person has demonstrated initial proficiency in the operation of the alcohol screening device (ASD) that will be used.

Law enforcement officers who have been certified by state or local governments to conduct breath alcohol testing are deemed qualified as BATs. They are not required to complete the Part 40 training requirements in order to act as BATs.

A BAT-qualified immediate supervisor may not act as the BAT when one of the supervisor’s employees is being tested, unless no other BAT or STT is available. However, for reasonable suspicion testing, Federal Motor Carrier Safety Administration (FMCSA) regulations do not allow a person who makes a reasonable suspicion determination to conduct the alcohol test.

Record retention. BATs must maintain documentation showing they currently meet all of the training requirements. This information must be provided on request to DOT agency representatives and to employers and C/TPAs who are negotiating to use the BAT’s services.