Opening a New Location? Getting BATs Qualified Before the First DOT Alcohol Test
November 9, 2026 · 6 min read
By Jeff Schroeder, Foster Special Instruments
When does a BAT at a new location have to be fully qualified?
Before the first test, with no grace period. 49 CFR 40.213(d) says a Breath Alcohol Technician must finish qualification training and the initial proficiency demonstration before performing any BAT functions. That means the coursework, plus seven consecutive error-free mock tests monitored by a qualified instructor who attests in writing that they were error-free. A new site that opens with covered employees on the schedule but no qualified BAT has two choices for any test that comes up: send the employee to an outside collection site, or have no one able to test. Random selections, post-accident tests, and reasonable suspicion tests do not wait for a training class. The practical deadline for a new location is therefore the first day a DOT-covered employee works there, not the first day someone needs a test. Plan the training backward from the opening date, and build in time for a failed mock and a repeat.
What does a new-location BAT rollout actually involve?
Five pieces have to be in place, and they run on different clocks. The table lays them out.
| Item | What Part 40 requires | Planning note |
|---|---|---|
| Qualification training | DOT Model BAT Course or an equivalent course, 40.213(b)(1) | Coursework can start before the device arrives |
| Device training and mocks | Training to proficiency on the device you will use, and seven error-free mocks on that device, 40.213(b)(2) and (c)(2) | Cannot finish until the site's EBT or ASD is on hand |
| EBT care | Follow the manufacturer's quality assurance plan, including external calibration checks, 40.233(c) | Confirm calibration status and check schedule before opening |
| DER contact | Employer gives the BAT the name and phone number of the DER, 40.215 | New sites often have a new DER or a new phone line |
| Training file | BAT keeps documentation showing current qualification, 40.213(g) | Copy goes in the site's program file on day one |
Why is the testing device the item that slows a rollout down?
Because qualification is tied to the instrument, and the instrument is usually the last thing to show up at a new site. Under 40.213(b)(2), qualification training has to include training to proficiency in operating the particular EBT or ASD the BAT will use, and under 40.213(c)(2) the seven mock tests have to be run on that device. A BAT who learned on one model at the main plant is not automatically covered on a different model at the new building. If the new location is getting a newly purchased EBT, the order, delivery, and setup time all land before the mocks can happen. If it is getting a unit moved from another site, someone has to confirm that unit is current on its external calibration checks under the manufacturer's quality assurance plan, as 49 CFR 40.233(c) requires. An EBT that fails its external check has to come out of service until repaired and rechecked. Order the device first and schedule the mocks around its arrival.
Can the BAT from the existing site cover the new one?
Sometimes, but it is rarely a good plan. A qualified BAT can test at any location as long as they are qualified on the device in use there and the testing site meets Part 40 privacy and security requirements. If both sites use the same EBT model and they are close together, sending the existing BAT over for scheduled random tests can work. The problem is the unscheduled tests. Post-accident and reasonable suspicion tests have time limits set in the DOT agency rules, and for FMCSA-covered drivers 49 CFR 382.303 requires a record if the alcohol test is not given within two hours and ends attempts at eight hours. A BAT an hour away who is also covering their own site is a weak answer to that. Most employers end up training at least one person who works at the new location, plus a backup. Our post on backup BAT coverage covers why one is not enough.
What paperwork should be in the new site's file before opening?
Each BAT's qualification record, the EBT records, and the DER contact. Under 40.213(g), the BAT must keep documentation showing they currently meet the training requirements and provide it on request to DOT agency representatives and to employers negotiating to use their services. In practice, the employer keeps a copy too, because an auditor will ask the employer, not the technician. A complete record shows the course completed, the instructor's qualification, the written attestation that seven consecutive mocks were error-free, the device model the mocks were run on, and the completion date that starts the five-year refresher clock under 40.213(e). For the EBT, keep the inspection, maintenance, and calibration records the manufacturer's plan calls for. Add the DER name and phone number the employer gave the BAT under 40.215. Our post on what a BAT training file needs for an audit goes line by line through the record itself.
How does Foster handle BAT training for a new location?
Foster's BAT training is built so the slow parts can overlap. The Part 40 coursework is online and self-paced, so new-site staff can finish it and pass the final exam while the EBT is still on order. The seven proficiency mocks run later on the trainee's own instrument, observed live by a CMI-certified instructor and logged on one Proficiency Record, and Foster issues a device-specific Certificate of Qualification from that record. If an already-qualified BAT from the main site is moving to a new building with a different instrument, there is a separate path to add that instrument to their existing qualification. For employers who would rather train new-site BATs internally, the instructor course qualifies a trainer under 40.213(b)(4). Foster is an authorized CMI distributor and service center, and if the new site's Intoxilyzer needs calibration before opening, that can be scheduled with the training. To price a rollout, request a quote.
Frequently Asked Questions
Can new-site employees start BAT coursework before the EBT arrives?
Yes. The knowledge portion of qualification training covers the Part 40 procedures and does not need the device. The device-specific training and the seven mocks under 40.213(c)(2) have to wait until the site's EBT or ASD is available.
Does a BAT qualified at our main plant need retraining for a new site?
Not for the site itself. Qualification follows the person and the device, not the address. If the new site uses a different EBT or ASD model, the BAT needs training and mocks on that device before testing on it.
Who can monitor the mock tests for a new BAT?
Someone who meets 40.213(b)(4): a person who has regularly conducted DOT alcohol tests as a BAT for at least a year, has conducted BAT training for a year, or has completed a train-the-trainer course. Monitoring can be in person or by real-time remote observation.
What happens if a DOT alcohol test is needed before the new site has a qualified BAT?
The test has to be done by a qualified BAT somewhere else, either another trained employee or an outside collection site. A test performed by an unqualified person does not meet Part 40.
Sources
Get a price for your program
Intoxilyzer instruments, dry-gas standards, forms, and mouthpieces, plus BAT technician and train-the-trainer courses and instrument calibration, from one partner.
Related guides
Can a Supervisor Be the BAT for Their Own Employee?
49 CFR 40.211(c) bars a qualified supervisor from acting as BAT or STT for their own employee. What the rule covers, who it does not, and how to staff around it.
6 min read Read →Breath Alcohol TestingIn-House BAT Trainer vs. Outside Course Provider: Liability Differences
Promoting an in-house BAT to run training vs. hiring an outside course provider carries different audit and liability exposure under 49 CFR 40.213.
5 min read Read →Breath Alcohol TestingSaliva Alcohol Screening Devices: Are They DOT Approved?
Whether DOT allows saliva alcohol screening devices under 49 CFR Part 40, what they can and cannot replace, and why every screening result still needs an EBT to confirm.
5 min read Read →