BAT Quality Assurance Plans: Who Verifies an EBT Is Working Right

A fleet safety manager finds out during a DOT audit that nobody can produce an external calibration check log for the evidential breath testing device (EBT) the company's contract BAT has been using for a year. The device itself still works; the problem is nobody can show it has been checked on schedule. Under 49 CFR 40.233, every EBT on the market has to ship with a quality assurance plan (QAP) that the manufacturer wrote and NHTSA approved, and that plan is the document that sets the calibration check method, the tolerance, and the interval for that specific device. The QAP is not optional paperwork; it is the thing that makes the test result defensible later. For BAT service that keeps this documentation current, see Foster's BAT training and testing page.

What is an EBT quality assurance plan?

It is a device-specific maintenance specification, written by the EBT's manufacturer and submitted to NHTSA before the device is placed on the agency's list of approved evidential breath testing devices. Under 40.233, the QAP must specify the methods used to perform external calibration checks, the tolerances those checks must meet, and the intervals at which they must be run, and it must account for how the device is actually used, including testing frequency, operating environment, and whether it is a stationary unit or a portable one carried between sites. Because the QAP is manufacturer-specific, two different EBT models approved for DOT use can have different calibration check intervals and different tolerance windows; there is no single number that applies across every device on the market. The employer's obligation is to follow the instructions that come with their specific EBT, not a generic industry rule of thumb.

Who is responsible for running the calibration checks?

The employer or its service agent, meaning the BAT or the company providing BAT services under contract. 40.233 requires the device user to follow the manufacturer's instructions for proper use and care, including performing external calibration checks at the intervals the QAP specifies, and to use only calibration devices that appear on NHTSA's Conforming Products List. This is a separate obligation from the BAT's own qualification under 40.213; a technician can be fully qualified to administer a breath alcohol test and still be using a device that is out of calibration if the QAP schedule has not been followed. Both obligations have to be current for a test to hold up.

What happens if a calibration check fails?

The device comes out of service. 40.233 is explicit that an EBT failing its external calibration check must be taken out of service immediately and not used again until it passes a successful calibration check performed per the manufacturer's instructions. There is no provision for continuing to use a device that failed its check while a replacement is sourced. For an employer running tests through a single EBT, this means a failed calibration check is also a testing-capacity problem, not just a documentation problem, which is one more reason to track the next scheduled check date before it becomes a surprise.

Requirement	Who sets it	Who executes it
Calibration check method and interval	EBT manufacturer, via the NHTSA-approved QAP	Employer or BAT service agent
Calibration device used for the check	Must appear on NHTSA's Conforming Products List	Employer or BAT service agent
BAT qualification to administer the test	40.213	The individual technician
Device status after a failed check	40.233, out of service until it passes	Employer or BAT service agent

What record should an employer keep on file?

The calibration check log for each EBT in use: the date of each external calibration check, the result, the calibration device used, and, for any failed check, the date the EBT was taken out of service and the date it passed a subsequent check before returning to use. This log is what an auditor asks for when a test result is questioned, and it is also the record that separates "we don't know if the device was in tolerance" from "here is the check performed four days before this test." A company running tests through a contracted BAT should confirm the vendor maintains this log and can produce it on request, the same way it would confirm the technician's own 40.213 qualification record.

How Foster handles EBT quality assurance

Foster maintains the calibration check schedule and log for the EBTs used in its BAT service visits, so a failed check or an approaching interval surfaces before a test is run on a device that is out of tolerance, not after. For companies running their own in-house testing program, Foster's Compliance Workspace tracks each device's calibration check date alongside the BAT's own qualification and refresher clock, so both halves of the Part 40 requirement live in one record instead of two separate files. See current options at BAT training or get a quote through the quote page. For the technician side of this, see how long DOT BAT training takes to qualify a new technician, and for the vendor relationship, contract BAT and service agent rules.

Frequently asked questions

Is the QAP the same for every EBT model?

No. The quality assurance plan is written by each manufacturer for its specific device and approved by NHTSA before that model is added to the approved EBT list. Calibration check methods, tolerances, and intervals vary by model, so an employer running more than one EBT type should keep each device's QAP on file separately rather than assuming one schedule applies to both.

Can we use any calibration device to check our EBT?

No. 40.233 requires the calibration device itself to appear on NHTSA's Conforming Products List. Using an off-list device to perform the check does not satisfy the requirement, even if the check otherwise follows the manufacturer's method.

If our EBT fails a calibration check mid-shift, can we keep testing until we get a replacement?

No. The device must be taken out of service immediately on a failed check and cannot be used again until it passes a subsequent calibration check. If that leaves no working EBT on site, testing has to wait for a device that has passed its check, which is why a backup unit or a service agent with its own current device matters for continuity.

Does the BAT's own qualification cover the device's calibration status too?

No, they are separate requirements. A BAT qualified under 40.213 can still be using a device that is out of calibration if the EBT's QAP schedule under 40.233 has not been followed. An employer needs both records current, not one standing in for the other.

Sources

• 49 CFR 40.233, requirements for proper use and care of EBTs
• 49 CFR 40.213, breath alcohol technician and screening test technician qualifications