Common use of Alcohol Testing Procedure Clause in Contracts

Alcohol Testing Procedure. The alcohol testing procedure requires the use of a federally approved evidential breath-testing device (EBT). Two breath tests are required to determine if the employee has a prohibited alcohol concentration. A screening test will be conducted first. Any result more than 0.00 alcohol concentration is considered a “positive” test. If the alcohol concentration is 0.00, a second confirmation test must be conducted. All procedures, forms, equipment, and testing personnel must meet legal standards and requirements. Testing sites must be private and secure to insure reliable results. If a driver's alcohol concentration is greater than 0.00 but less than 0.04, the driver will be removed from his/her driving responsibilities for a minimum of twenty-four (24) hours or until a retest shows the alcohol concentration is less than 0.00. If the driver's alcohol concentration is at or above 0.04 (legal limit 0.08), he/she will be removed from his/her job and cannot return until he/she has undergone evaluation and any necessary rehabilitation, and has successfully passed a return to duty breath test. Drivers in this category must submit to six (6) unannounced follow-up tests within the next twelve (12) month period. An employee who does not provide enough breath for the test is sent to a physician who evaluates the employee's medical ability to provide an adequate amount of breath. If the doctor is unable to find a medical explanation for the employee's failure to provide enough breath, the employee will be considered to have refused to take a test, which is prohibited in these rules. If the employee is unable to provide an adequate amount of breath due to a verified medical condition, a blood alcohol test will be administered.