Some of our customers require full BAT refresher training every 2 years; others do annual proficiencies. If BATs and those who train BATs
document this type of continuing educa- tion, it will go a long way toward proving that any particular BAT was competent at the time of a disputed test.
By assuming every test will be positive, it forces the BAT to think about and remember obscure procedures before a problem situation occurs.
Safeguard #3: Assume every test will be positive
Most of the issues we hear about are related to confirmation tests because the BAT wasn’t prepared for a positive result. BATs can go a year or longer without seeing a positive test, but they still need to know what to do. By assuming every test will be positive, it forces the BAT to think about and remember obscure procedures before a problem situation occurs. Train your BATs to expect every test to be
positive and that they (or you) will have to explain in detail how the test was performed.
action against an employee who fails an 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. It is incumbent upon employers to protect themselves by requiring training programs that use competent instructors. With a random rate of 10 percent, there
are not that many alcohol tests being con- ducted. It is prudent for BATs to review the procedures and practice conducting tests on a regular basis to maintain an appropriate level of competence. Because positive tests and associated obstacles occur less frequently than negative tests, it is beneficial to practice these types of sce- narios regularly. Once per year is a reason- able frequency for reviewing procedures.
22 datia focus
Safeguard #4: Use checklists There are many instruments on the market today that will prompt the BAT through the test process. But, what if you don’t have an instrument that does that? There are some low-tech ways to accomplish the same thing. I am a big fan of check lists. Use a checklist: Before you start the test, During the test, and
● ● ● ●
After you complete the test. Some facilities require the BAT to ac-
tually make a check mark or initial each step of the list. Keep the checklist with the BAT copy of the testing form.
Always be Prepared for Arbitration and Testimony Defensible test results increase client confidence in your testing program. Be- ing proactive in protecting your program will make the program defensible in the event it is challenged. Below are a few final tips to strengthen your case:
Be consistent. Consistency in procedures is defensible. Follow compliance guidelines to the leter and never deviate from your procedure. Train your BATs to follow the proper test-
ing protocol for every test—conduct each test in the same way using the same explanations. Use the same scripted statements to explain the test process for each test. Tat way, when asked how you know that you told the donor how to provide a sample, or how you know you showed the donor their test number, BATs can respond that they know because they tell every donor how to provide a sample in exactly the same way and they show the test number to every donor at the same point in the process. Consistency provides powerful backup for your program.
Keep a calibration logbook for each instrument.
Tis legal document should be kept with the instrument at all times. Be prepared to provide copies of your logbook when requested by your clients or DOT inspec- tors. Many DOT-covered employers will require a service provider to send a copy of the logbook with every positive test result. Here are the things that should be docu- mented in your logbook:
● ●
Every accuracy check performed Every calibration performed
Every time the device is removed from service for any reason, including training
●
Every time you start using a new dry gas standard
●
A copy of the QAP document* *Make sure your instrument complies with the QAP
Keep detailed training records. Tese records may be needed in the event of a positive test result or if you are audited by a DOT Operating Agency. It has become common practice to issue certificates stating that individuals have met the training re- quirements of Part 40, but the DOT Model Course is not a certification course. You may be asked for additional proof that you have
spring 2015
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