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 traini
