BAT BAT Error Correction & Invalid Test Procedures 2 — Questions and Answers
Question 1: What must happen when a confirmation breath alcohol test result is 0.02 or greater but the employee claims the result is wrong?
- The confirmation result stands; the employee may request a re-test only through the employer's review process (Correct answer)
- The BAT must immediately administer a third test on a different EBT
- The BAT cancels the test and issues a new ATF
- The employee may refuse the result and demand a blood test
Correct answer: The confirmation result stands; the employee may request a re-test only through the employer's review process
The confirmation test result is final for DOT purposes; employees cannot demand an on-site re-test, though they may pursue employer review procedures.
Question 2: Under DOT rules, what is a BAT required to do if the employee states they cannot produce an adequate breath sample due to a medical condition?
- Document the claim and refer the employee to a physician for evaluation; the employer then decides next steps (Correct answer)
- Accept the claim and cancel the test without further action
- Record the test as a refusal
- Immediately conduct a blood alcohol test as an alternative
Correct answer: Document the claim and refer the employee to a physician for evaluation; the employer then decides next steps
The BAT documents the claim on the ATF and refers the employee to a licensed physician to determine if a genuine medical condition prevents adequate breath sample production.
Question 3: If an EBT's air blank check result before a confirmation test is not 0.00, what must the BAT do?
- Stop the test, remove the device from service, and note the failure on the ATF (Correct answer)
- Proceed with the confirmation test and note the air blank value on the ATF
- Repeat the air blank check until a 0.00 result is obtained
- Replace the mouthpiece and immediately retry the confirmation test
Correct answer: Stop the test, remove the device from service, and note the failure on the ATF
A non-0.00 air blank result indicates possible device contamination; the BAT must halt the test, take the EBT out of service, and document the failure.
Question 4: Under 49 CFR Part 40, what does a 'non-negative' screening test result mean for next steps?
- A confirmation test using an EBT must be conducted (Correct answer)
- The employee is immediately removed from safety-sensitive duty
- The employer is notified of a confirmed violation
- A urine drug test must also be collected
Correct answer: A confirmation test using an EBT must be conducted
A non-negative screening result (0.02 or above) triggers a mandatory confirmation test using a DOT-approved EBT before any employment action can be taken.
Question 5: Which of the following scenarios requires a BAT to document an 'incomplete test' rather than a 'cancelled test'?
- The employee leaves the testing site voluntarily before the screening test is complete (Correct answer)
- The EBT fails its calibration check mid-test
- The BAT discovers a fatal flaw after the employee has already left
- The testing site loses power before the ATF can be printed
Correct answer: The employee leaves the testing site voluntarily before the screening test is complete
Voluntary departure before test completion is documented as a refusal (incomplete test), not a cancelled test, because it is the employee's conduct—not a procedural error—that stopped the test.
Question 6: After a test is cancelled due to a fatal flaw, is the employee required to take another test?
- Yes, if the test was required by DOT, the employer must direct the employee to take another test as soon as possible (Correct answer)
- No, a cancelled test satisfies the DOT testing requirement
- Only if the employer believes the employee was impaired
- Only if the employee consents to be re-tested
Correct answer: Yes, if the test was required by DOT, the employer must direct the employee to take another test as soon as possible
A cancelled test does not fulfill the DOT testing requirement, so the employer must direct the employee to undergo another test promptly.
BAT BAT Error Correction & Invalid Test Procedures 2
What must happen when a confirmation breath alcohol test result is 0.02 or greater but the employee claims the result is wrong?