Common use of Testing for Alcohol Clause in Contracts

Testing for Alcohol. Alcohol tests performed under this policy will be done with either a blood test or urine or an evidential breath-testing device (EBT). The alcohol test will be utilized first if an employee is to be tested for alcohol and drugs. For non-CDL holders that opt to take a blood test, a result which indicates a 0.04% blood alcohol level will be considered a positive test. For non-CDL holders that opt to take a breath test, will be required to determine if a person has an alcohol concentration of .04 gram per 210 liters of breath. Any result, which is .0399 or less, will be considered negative. Any result of .04 or greater will be confirmed by a second breath sample. If both the initial and confirmation results are between .04 and .06, the employee will be relieved of duty for the remainder of his/her shift and may use vacation or compensatory time. In this case, the result will not be considered positive; however, the employee may be presumed to be impaired, based on the employee's pattern of behaviors, and may face disciplinary action. For CDL holders, a breath test will be required to determine if a person has an alcohol concentration of .02 or greater per 210 liters of breath. Any result of .0399 or less will be considered negative. Any result of .02 or greater will be confirmed by a second breath sample. For any sample that is between .02 and .0399, the CDL holder will be relieved of safety-sensitive duties for a 24-hour period. The CDL holder may utilize vacation or compensatory time to cover this absence, if non-safety sensitive duties are not available. Although the result will not be considered positive, the employee may be presumed to be impaired, based on the employee's pattern of behaviors, and may face disciplinary action. Any result of .04 or higher (on both the initial and confirmation tests) will be considered positive. Any employee who does not provide a sufficient amount of breath to permit a valid breath test will be instructed to attempt again to provide a sufficient sample. If the employee refuses to attempt to provide sufficient breath for the Datamaster device, then the test will discontinue and will be considered a refusal to test.

Testing for Alcohol. Alcohol tests performed under this policy will be done with either a blood test or urine or test for non-CDL holders, and an evidential breath-testing device (EBT), otherwise known as a Data master, in the case of CDL holders. The alcohol test will be utilized first if an employee is to be tested for alcohol and drugs. For non-CDL holders that opt to take holders, a blood test, a test result which indicates a 0.04.04% blood alcohol level will be considered a positive test. For non-CDL holders that opt to take a breath test, will be required to determine if a person has an alcohol concentration of .04 gram per 210 liters of breath. Any result, which is .0399 or less, will be considered negative. Any result of .04 or greater will be confirmed by a second breath sample. If both the initial and confirmation results are between .04 and .06, the employee will be relieved of duty for the remainder of his/her shift and may use vacation or compensatory time. In this case, the result will not be considered positive; however, the employee may be presumed to be impaired, based on the employee's pattern of behaviors, and may face disciplinary action. For CDL holders, a breath test will be required to determine if a person has an alcohol concentration of .02 or greater per 210 liters of breath. Any result of .0399 or less will be considered negative. Any result of .02 or greater will be confirmed by a second breath sample. For any sample that is between .02 and .0399, the CDL holder will be relieved of safety-sensitive duties for a 24-hour period. The CDL holder may utilize vacation or compensatory time to cover this absence, if non-safety sensitive duties are not available. Although the result will not be considered positive, the employee may be presumed to be impaired, based on the employee's ’s pattern of behaviors, and may face disciplinary action. Any result of .04 or higher (on both the initial and confirmation tests) will be considered positive. Any employee who does not provide a sufficient amount of breath to permit a valid breath test will be instructed to attempt again to provide a sufficient sample. If the employee refuses to attempt to provide sufficient breath for the Datamaster Data master device, then the test will discontinue and will be considered a refusal to test.