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Breath Alcohol Technician (BAT)
Employee | Supervisor | DER | SAP | C-SAPA | BAT | CSP | STT | MRO-C | MRO-A
DOT regulated alcohol tests must be conducted by either a BAT or an STT (Screening Test Technician). Either the STT or the BAT may conduct the initial alcohol test; however, only the BAT is allowed to conduct the confirmation test for an initial positive alcohol test.
An initial (screening) test may be conducted with a non-evidential ASD (Alcohol Screening Device) such as a Salvia ASD or Breath Tube ASD, or with an EBT (Evidential Breath Test). If the initial test result is a concentration of 0.02 or higher, a confirmation test (using an EBT) must be conducted by a BAT.
NOTE: Employers with so-called “Zero Tolerance” programs should consider the DOT regulations regulating employer actions following an alcohol test result of less than 0.02; 0.02 – 0.04; and 0.04 or higher. Generally, levels below 0.02 are considered to be equivalent to a “0.00” level or a “negative” alcohol test because the tests are calibrated only to distinguish alcohol and acetone at the 0.02 level. Since acetone may be produced by the body, a test result below 0.02 is not indicative of alcohol consumption.
Levels above 0.02 but less than 0.04 generally require removal of the employee from safety-sensitive duties for periods ranging from 8 – 24 hours (depending on the specific DOT agency, FMCSA, FTA, FAA, etc.) but no other disciplinary action. Levels 0.04 and above require that the employee be referred to an SAP and conform to Return-to-Duty requirements.
Conversely, employers who fail to take action on alcohol levels below 0.08 or 0.10, because those levels have been cited by state laws (regulating driving under the influence of alcohol) may be called upon to defend themselves against charges of negligence for injuries/deaths connected to test results at or above the level (0.04) considered by DOT to contraindicate performance of safety-sensitive duties.
This is another reason to consider using Model Programs that have been developed in consideration of these and other issues related to alcohol misuse and testing in the context of employment.
Alcohol-related DOT regulations can be found in 49 CFR Part 40 as follows:
{Subpart J}, 40.211 – 217 Alcohol Testing Personnel;
{Subpart K}, 40.221 – 235 Testing Sites, Forms, Equipment & Supplies;
{Subpart L}, 40.241 – 247 Alcohol Screening Tests;
{Subpart M}, 40.251 – 255 Alcohol Confirmation Tests;
{Subpart N}, 40.261 – 277 Problems in Alcohol Testing;
Drug Screens Plus clients will find a copy of these regulations in Section 5 of your Model Program.
Unlike DOT drug test results, alcohol test results are not reported to the MRO, but must be reported by the STT or BAT directly to the employer’s DER or Designated Employer Representative who must be an “actual employee of the employer”. Therefore, if the employer wants alcohol test results to be reported by the MRO/TPA in the employer’s MIS (Management Information Summary) or Annual Report (which is subject to DOT audit), the employer must either send a copy of the alcohol test reports to the MRO/TPA or authorize each STT or BAT to send a copy.
Alcohol misuse is far more prevalent in society and in the workplace than is evidenced by the relatively small incidence of Reasonable Suspicion alcohol testing conducted annually through workplace substance abuse testing programs. 2/3 of Americans will be involved in an alcohol-related accident during their lifetimes, yet Reasonable Suspicion testing for alcohol misuse is woefully under-represented in the workplace.
We strongly recommend using DOT-qualified BATs (or at least STTs) and DOT testing standards for all employment-related alcohol testing, whether or not the employer is required to comply with DOT regulations. These (BAT & STT) qualifications are the only widely accepted standards for employment-related alcohol testing.
