Not every error committed by a BAT requires the cancellation of a test. Sometimes the error can be made right by the drafting of a corrective statement or affidavit of correction. For example:
- BAT’s printed name and signature are missing from the ATF
- The BAT does not indicate in the remarks field when a subject declines to sign Step4 after a positive confirmation test result
- Improper form usage ( Non DOT or expired form)
How to Correct Errors
If the problem resulted from the omission of required information, you must, as the person responsible for providing that information, supply in writing the missing information and a signed statement that it is true and accurate.
If the problem is the use of a non-DOT form, you must certify in writing that the incorrect form contains all the information needed for a valid DOT alcohol test. You must also provide a signed statement stating why the incorrect form was used and the steps you have taken to prevent future use of non-DOT forms for DOT tests. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.
If you cannot correct the problem, you must cancel the test. If the BAT who performed the test is not available to sign a corrective statement, it is possible for the supervisor to attest to the correct information, but only in circumstances where the supervisor would have direct knowledge of the reasons for the error.
When correcting an error with a memorandum for record or affidavit, you must provide a copy to the employer and keep a copy for yourself as well.
Remember that all parties must take steps to avoid the cancellation of a test. The BAT has the responsibility of trying to successfully complete a test procedure for each employee.
- If you become aware of a situation that will cancel a test, you must correct the problem or restart the test.
- If you repeat a test because of a cancellation, you need to use a new ATF and new test number. If necessary, you can use a different device.
- The BAT is not limited in the number of attempts, provided the subject is making a good faith effort.
- If the BAT cannot complete the test due to issues with the EBT, the BAT must contact the DER.