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 Operating Agency by which they are governed. 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.
49 CFR Part 40.271 states 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.