A donor wants to allow a Union representative to be present during a federal BAT. What do you think?
- YES. The donor has the legal right to allow any person to be present.
- NO. As the BAT or STT, you must not allow any person other than you, the employee, or a DOT agency representative to actually witness the testing process.
- NO. You are not allowed to perform a test under direct observation.
Which is a Federal ATF?
A donor has arrived for their DOT BAT. They have been properly ID'd, The ATF has been filled out per the regulations, the donor is at the point to provide a sample. The donor does not provide a sufficient sample. What do you do?
- Pack up and head home! Nothing I can do.
- Wait till the donor is able to provide a sample, and making sure they are supervised during this wait time.
- You must instruct the employee to attempt again to provide a sufficient amount of breath and about the proper way to do so. If the employee refuses to make the attempt, you must discontinue the test, note the fact on the “Remarks” line of the ATF, and immediately notify the DER. This is a refusal to test. If the employee again attempts and fails to provide a sufficient amount of breath, you may provide another opportunity to the employee to do so if you believe that there is a strong likelihood that it could result in providing a sufficient amount of breath. When the employee's attempts under paragraph (b)(2) of this section have failed to produce a sufficient amount of breath, you must note the fact on the “Remarks” line of the ATF and immediately notify the DER. If you are using an EBT that has the capability of operating manually, you may attempt to conduct the test in manual mode.
- Notify the donor his failure to comply with the procedure is a refusal. Notate in the remarks section the refusal, contact the supervisor, instruct the supervisor to have the donor sent home, and contact the DER.
Which is a POSITIVE Breath result?
You always want to be sure you provide good directions to the donor, also follow up the directions with "Do you understand?" or "Do you have any questions?" Now what if they are not able to provide a sufficient sample after a second attempt?
- Yell at the donor "Stop messing around and provide a sample!?
- You will repeat the instructions, you will also add "I need to tell you this will be your last attempt, if you do not provide a sufficient sample I will have to inform your employer, do you understand?"
- The donor must be drunk, immediately perform a confirmation test and tell the supervisor the donor is most likely drunk.
After a Positive Confirmation - What happens next?
.020 to .039Employees who have an alcohol concentration in this range when tested must be removed from performing safety-sensitive duties for 8 hours or until breath test result is below 0.020
.040 and greaterThe donor must be removed you from covered service. To be allowed to return to covered service, you must first: Complete the Federal return-to-duty requirements, including evaluation by a SAP