BAT BAT Error Correction & Invalid Test Procedures 1 — Questions and Answers
Question 1: Under 49 CFR Part 40, what is the correct term for a test that must be disregarded and is not used for any employment action?
- Cancelled test (Correct answer)
- Voided test
- Invalid test
- Null test
Correct answer: Cancelled test
A 'cancelled test' is the DOT term for a test that must be disregarded due to a fatal flaw or uncorrected error, and it cannot be used for employment decisions.
Question 2: Which of the following is considered a 'fatal flaw' that requires immediate cancellation of a DOT breath alcohol test?
- The BAT fails to note the employee's refusal to sign the ATF
- The EBT fails its air blank check before the confirmation test
- The BAT uses a mouthpiece that was not from a sealed package (Correct answer)
- The test is conducted more than 30 minutes after the screening test
Correct answer: The BAT uses a mouthpiece that was not from a sealed package
Using a mouthpiece that was not from a sealed, individually wrapped package is a fatal flaw requiring test cancellation under 49 CFR Part 40.
Question 3: What action must a BAT take when an EBT produces an 'invalid' reading during a confirmation test?
- Cancel the test and document the invalid result on the ATF (Correct answer)
- Immediately repeat the confirmation test using the same device
- Record the invalid result as a positive and notify the employer
- Continue with a third test on a different EBT
Correct answer: Cancel the test and document the invalid result on the ATF
An invalid result on confirmation requires the BAT to cancel the test and document the result, then attempt to re-test on a different EBT if available.
Question 4: If a BAT discovers an uncorrected error on the ATF after the employee has left the site, what must the BAT do?
- Contact the employer immediately; the test may need to be cancelled depending on the type of error (Correct answer)
- Correct the error unilaterally and file an amended ATF without notifying anyone
- Discard the ATF and have the employee return for a new test
- Forward the uncorrected ATF to DOT for adjudication
Correct answer: Contact the employer immediately; the test may need to be cancelled depending on the type of error
The BAT must notify the employer so both parties can determine whether the error is a fatal flaw requiring cancellation or a correctable error.
Question 5: Which type of error on an ATF can be corrected by the BAT providing a signed, written statement explaining the mistake?
- A correctable flaw such as failing to print the employee's name (Correct answer)
- A fatal flaw such as using an expired mouthpiece
- An invalid result from an EBT malfunction
- A missing employee signature on Copy 2
Correct answer: A correctable flaw such as failing to print the employee's name
Correctable flaws—like an omitted name or missing printed date—can be fixed by a written statement, whereas fatal flaws require cancellation.
Question 6: When an employee is unable to provide an adequate breath sample during a confirmation test, what is the BAT's first required step?
- Allow the employee a second attempt and document the situation on the ATF (Correct answer)
- Immediately report a refusal to the employer
- Cancel the test and send the employee home
- Substitute a saliva test for the breath test
Correct answer: Allow the employee a second attempt and document the situation on the ATF
The BAT must give the employee a second attempt and document the difficulty before escalating to a potential medical evaluation referral.
BAT BAT Error Correction & Invalid Test Procedures 1
Under 49 CFR Part 40, what is the correct term for a test that must be disregarded and is not used for any employment action?