IntoximetersIntoximeters

By Betye Bailey

ATF – Checking the 15 Minute Wait Box

We are often asked the proper way to address the 15 minute wait check box in Step 3 of the DOT Alcohol Testing Form.

ODAPC has informally stated that “the intent of the 15 minute wait boxes in Step 3 of the Federal ATF was for the BAT to indicate whether or not the 15 minute wait was observed between the screening and confirmation tests. There is no requirement for the BAT to complete the 15 minute wait boxes when the screening test result is less than 0.020”.

ODAPC has not published this response in any of the questions and answer guidance to date. If you would like written clarification on this or any other section of 49 CFR Part 40, you can always contact ODAPC directly at 202.366.3784 or by email at ODAPCWebMail@dot.gov.

By Betye Bailey

Keeping updated with DOT and ODAPC

What is the best way to stay current with DOT regulatory changes and updates?

The best way to keep up to date with DOT and ODAPC (besides checking this blog frequently, of course!) is to sign up for e-mail updates directly from the source. This is a free service provided by the Office of Drug and Alcohol Policy and Compliance. When you are registered for the updates, you will automatically be notified when there are changes to the regulations, when new resources become available, and when Public Interest Exclusions (PIEs) are issued.

We encourage clients to register for these updates. Also remember that frequent training is another great way to keep up to date!

Register here for DOT and ODAPC updates: https://public.govdelivery.com/accounts/USDOT/subscriber/new.

By Betye Bailey

Course updates

Intox Training Academy has recently launched our new Online Training modules, and have revised our classroom courses accordingly. We are now offering a ½-day BAT/EBT course (201) and a 2-day BAT/EBT/Instructor course (301) for customers using the new Alco-Sensor VXL instrument and the popular Alco-Sensor IV / RBTIV device. For each of these courses, students must complete two Online Training modules prior to class. The additional online instruction in EBT Proficiency allows for the reduction in classroom time. The majority of BAT/EBT class time will be spent conducting the 7 mandatory mock tests.

We continue to offer our 1-day BAT/EBT (202) and 3-day BAT/EBT/Instructor course (302) for the Alcomonitor CC, Alco-Sensor IV with Memory and ASIV@Work instruments. Students in these courses will only complete one Online module prior to the classroom session. We do not have online EBT instruction modules for these older instruments – thus the longer classroom time.

Another change removes Calibration Technician training from the ½-day and 1-day courses, allowing for more time to be spent on actual mock subject testing and instrument operation. Intoximeters instruments rarely fail accuracy checks, so we have moved Calibration Technician training into the Instructor class. For students attending ½ day (201) or 1 day (202) classes, calibration technician training can be added to your agenda upon request.

The Instructor class has been revised and shortened as well. For those of you who have attended Intoximeters Instructor classes before, you will be glad to know that students are no longer required to deliver the 10 minute homework presentations. Instead, Instructor candidates will participate in updated exercises involving citing answers to frequently asked questions from 49 CFR Part 40, proofreading ATFs, and instructing on the best practices for handling difficult testing situations. The Train the Trainer element has been expanded to include a section on how to properly monitor student mock tests and paperwork.

Of course, we are still offering our 1-day Drug Collector Instructor course on the 4th day of each training event.

Visit our website for full course names and prices, schedule of classes, and registration information: http://www.intox.com/t-workplacetraining.aspx.

By Adam Bell

When is a Breath Alcohol Technician error correctable?

Not every error committed by a BAT requires the cancellation of a test. Sometimes the error can be made right by the drafting of a corrective statement or affidavit of correction. For example:

  • BAT’s printed name and signature are missing from the ATF
  • The BAT does not indicate in the remarks field when a subject declines to sign Step4 after a positive confirmation test result
  • Improper form usage ( Non DOT or expired form)

How to Correct Errors

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.

If the problem is the use of a non-DOT form, you must 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 stating why the incorrect form was used 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.

If you cannot correct the problem, you must cancel the test. If the BAT who performed the test is not available to sign a corrective statement, it is possible for the supervisor to attest to the correct information, but only in circumstances where the supervisor would have direct knowledge of the reasons for the error.

When correcting an error with a memorandum for record or affidavit, you must provide a copy to the employer and keep a copy for yourself as well.

Remember that all parties must take steps to avoid the cancellation of a test. The BAT has the responsibility of trying to successfully complete a test procedure for each employee.

  • If you become aware of a situation that will cancel a test, you must correct the problem or restart the test.
  • If you repeat a test because of a cancellation, you need to use a new ATF and new test number. If necessary, you can use a different device.
  • The BAT is not limited in the number of attempts, provided the subject is making a good faith effort.
  • If the BAT cannot complete the test due to issues with the EBT, the BAT must contact the DER.
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