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Relevant Updates / Links & Training FAQ
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Relevant Updates & Links |
| New 49 CFR Part 40 |
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Effective July 25, 2003, there are new regulations governing the submission of DOT Agency MIS forms. The ODAPC office and the DOT operating agencies have revised the MIS reporting requirements to standardize the collection of alcohol and drug testing data for the agencies. Rather than separate forms for each agency, there is now one MIS form to be used for all agencies. The new form will be used in 2004 for submission of 2003 data. Companies must ensure that they are correctly tracking the data to be submitted.
Instructions for filling out the new form are now contained in Appendix H of 49 CFR Part 40.
download the form (PDF) See the rule change
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| Training FAQ |
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1) I can’t locate the on-line training I am supposed to take. How do I get there?
Intoximeters has a special starting location for each of our on-line courses. Just so you know, for all training programs, you will be asked to register as a student before you are provided with login information and passwords to access the program. Additionally, in the case of our U.S. Department of Transportation CBT program you must purchase a CBT Key before you can register to take the web course. You may also obtain a Key from your instructor.
The Alco-Sensor FST® training program can be accessed at http://training.intox.com/asfst. You will need to have an ASFST instrument with you when you register and take the training.
The DOT rules & regulations training program (Component 1 of BAT Training) can be accessed at http://training.intox.com/webdtu/cd/index.html.
Training/Online Training
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2) When I type in the web location provided for the on-line training, I can only see a blank page – what do I do?
If you cannot see all the graphic elements on the web page, it is likely that you do not have the latest version of Adobe Flash Player installed on your computer. This is a free program that is installed on most computers automatically. If your computer does not have Flash Player installed, you can click the link below to download and install the latest version.
Training/Online Training More Information
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3) Do you have on-line training courses?
Intoximeters provides on-line programs for several of our training courses. First, we have an on-line Computer Based Training program for the Alco-Sensor FST® instrument. This CBT is offered free of charge to ASFST owners but requires that an instrument serial number be entered as part of the registration process. The CBT has both operator and supervisor components. Once a student has registered, he/she may access other on-line resources such as an operator’s manual. Access the ASFST training program here: http://training.intox.com/asfst.
Intoximeters has also developed a CBT program for the first component of DOT Breath Alcohol Technician (BAT) training. This DOT Training Unit provides Units I – VII of the DOT Model Course. The interactive program allows the student to study the DOT rules and regulations at their own pace and is designed to replace in-class training requirements of the DOT Model Course for training BATs. Audio and visual explanations and repetition of the key points help students learn the material, pass the Unit quizzes and the overall Mastery Test. Access the DOT training program here: http://training.intox.com/webdtu/cd/index.html.
Training/Online Training
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4) What are the minimum requirements of the DOT model course for training Breath Alcohol Technicians?
The DOT model course is designed to be given by an instructor in a classroom-type setting. It is a "complete" course – providing a specific curriculum for the DOT testing procedures of 49 CFR Part 40, and the minimum objectives to be met for the use of an EBT. The course recommends the maximum number of students (8) per instructor, as well as the maximum number of students (4) per EBT. The instructor, through his or her personal interaction with, and observation of, each student, will determine if the student is proficient in the DOT testing procedures and the operation of a particular EBT prior to issuing the documentation attesting to achievement. The DOT emphasizes that this evaluation is not to be taken lightly, and should only be done by the instructor who can personally attest to the student’s proficiency. Upon successful completion of the DOT model course, the student will be ready to conduct a DOT breath alcohol test.
The DOT model course provides a specific curriculum for teaching the DOT alcohol testing procedures of 49 CFR Part 40; these procedures are covered in the first seven units of the course, and are designed to take six and one-half hours of class time to complete. The course also includes an eighth unit, which does not contain a specific curriculum, but sets the minimum objectives to be met for the use of an evidential breath testing (EBT) device. The content segments and learning activities with this unit will vary depending on the EBT(s) used for this unit, and thus, are left to the instructor to develop.
Training/General
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5) What are the qualifications to be a BAT instructor, and where might an employer find sources for BAT instruction?
The new 49 CFR Part 40, effective 8/1/01, requires the BAT instructor to be an individual who has demonstrated the necessary knowledge, skills, and abilities by regularly conducting DOT alcohol tests for a period of at least a year or by completing a "train the trainer" course.
Instructor sources include, but are not limited to, EBT manufacturers, professional trainers and health care providers. Each individual must maintain documentation showing that he/she currently meets all requirements of 49 CFR Part 40 section 40.213 regarding training. The employer must ensure through documentation that each BAT used to conduct a DOT alcohol test has been trained completely.
Training/General
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6) My instrument just failed its accuracy check. What do I do?
Your device needs to be calibrated and then checked by a Factory Authorized calibration technician. If you have not been certified by Intoximeters to calibrate your EBT, then you should send the device to the factory for calibration or locate an authorized calibration technician in your area.
DOT says that inspection, maintenance, and calibration of EBTs needs to be done according to specific criteria - which are set forth in the manufacturer’s quality assurance plan (QAP). Each of these functions also needs to be performed by specific entities- namely the manufacturer of the EBT, a representative certified by the manufacturer of the EBT, a state health agency, or another appropriate state agency (e.g. law enforcement). (Note: It would be reasonable to assume that the state agencies would have received their training in this area from the manufacturer of the EBT.)
The DOT has purposely limited inspection, maintenance, and calibration functions in attempt to increase the overall reliability of industry test results.
Training/General
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7) Are DOT employers required to perform Pre-employment alcohol test on a prospective employee under the DOT rules?
No. But an employer may conduct preemployment alcohol tests (unless under US Coast Guard or RSPA rules) under DOT authority if the following conditions are met: Testing is accomplished for all applicants, the testing must occur after the employee has been told s/he has the job if the test is passed, and the testing must comply with DOT Part 40.
Training/General
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8) Where can I get a copy of the Federal Register?
To access Federal Register documents via the Internet:
1. Go to http://www.gpoaccess.gov/fr/index.html
2. Click on box for Federal Register
3. Check boxes for the types of documents you want to see
4. Enter the date(s) for search
5. Enter keyword "alcohol" or "alcohol & test"
Or, you can call the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) at 202-366-3784. ODAPC's website
Training/General More Information
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9) Can a DOT form be used for Non-DOT tests? What about a Non-DOT form for a DOT test?
The DOT Alcohol Testing Form (ATF) includes a statement notifying the employee that the test is being conducted under the authority of DOT regulations. For this reason DOT states, "Employers are not permitted to use the ‘DOT form’ for a test not conducted under DOT authority".
DOT employers are subject to audit by the DOT mode they fall under. In the event of an audit, the employer may be required to produce all DOT test forms so the auditor can determine if the employer has been conducting DOT tests as required. If an employer mistakenly uses DOT BATFs for all testing, not just DOT-covered testing, the statistics for DOT reporting may be skewed. Errors such as these could subject an employer to sanctions due to non-compliance.
Effective 8/1/01 the new Part 40 rules state that if the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control, that error may be corrected by a written statement from the BAT. The statement must include the reason the incorrect form was used and what steps have been taken to insure the error does not occur again.
Training/General
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10) Does DOT require refresher training for BATs?
Effective 8/1/01 DOT will require refresher training for BATs. Subpart J section 40.213 (e) of the new 49 CFR Part 40 requires refresher training for BATs no less frequently than every 5 years from the date on which you completed your initial BAT training. BATs who were trained before 1/1/98 will be grandfathered until 1/1/03.
You must complete refresher training that meets all requirements of section 40.213 (b) and (c), i.e. a complete course every five years.
Five years is a long time. Common sense would say that the BAT who reviews the material and practices on a routine basis has a better chance of remaining proficient. In many cases, such as where BAT duties are collateral duties, alcohol testing may be only part-time work, at best. In these cases, especially, practice (e.g., reviewing course material) may be the only means to stay proficient.
Any employer who takes an adverse personnel action against an employee who fails a DOT alcohol test should be prepared to defend the training of the BAT during possible litigation proceedings that may develop as a result of that action. Intoximeters strongly advises Instuctors and BATs to practice positive scenarios on a regular basis to maintain an appropriate level of competence. If this type of continuing education is documented by BATs and those who train BATs, it will go a long way toward proving that any particular BAT was competent at the time of a disputed test.
Training/General
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