Breathalyzer test?

System

We have an employee who comes to work smelling very strongly of alcohol. Only once has her behavior been such that we could discipline (written warning). Would it be OK for us to use the on-site breathalizer test when we think we smell alcohol, even if her performance is OK? If we can use the breathalyzer, does any one have a good source? Thanks.

POPEYE

Before making any such decisions, please get advice from someone familiar with TX laws. When we have a reasonable suspicion (we require it be verified by at least 2 supervisors/managers) we do have our testing facility send someone out for a breathalyzer test. As far as a resource in your area, I'm sure that most of the reputable companies supply that service.

HGHAHR

We also require verification by at least 2 supervisors/managers. Whatever you do should be specified in a policy to make sure you follow the same procedure for anyone suspected of drug or alcohol use on the job. We take (don't allow them to drive themselves!) the individual to the same group that performs our pre-employment physicals.

Don D

If you are considering conducting the breathalizer test yourself, that would be very ill advised. Administration of the test require extensive testing and the equipment must be certified accurate according to state standards. If you have an alcohol/drug policy, act in accordance with it and require an analysis by a qualified collection site, which also performs blood and breath alcohol concentration tests.

Whatever

We, also, use an outside party to collect and conduct tests. I have been told that the cheaper breathalizer will be positive if a person used a mouthwash, some cold medicines etc.

Don D

In most states the results from a portable, roadside breathalyzer, like the highway patrol uses, is not admissable as evidence in court. Does one wonder why? The hand-held portable breathalyzer is an indicator only, not stand-alone proof. this is not to say the guy should not be tested, just that there are drawbacks to some testing procedures, especially if not handled by trained professionals. The blood test is about the only reliable indicator of alcohol concentration besides the really expensive units down at the lockup.

Jaded

MJ:

Just because an employee "smells like alchohol" does not mean they have been using it.

We had a customer complain that one of our supervisors reeked of alcohol. We took him for a blood alcohol test and the results were negative for alcohol. It seems that some people sweat out the alcohol the next day (after drinking at home the night before).

Our supervisor was very embarrassed that a customer had complained about him smelling like alcohol. We never had this problem with him again!

rad

Good point. This can also happen with some people who have problems metabolizing certain sugars. I used to work with a woman who always smelled like rum, turns out her endocrine system was all out of whack.

Don D

RAD, I know this is not the funny section, but, can't resist. If she also ate oranges and cherries for lunch did she take on the aura of a fruitcake?

rad

Now that you mention it, she always has such an aura. But seriously, when she ate stuff like that, her breath took on a sweet fermenting smell, you know, like when you soak fruit in moonshine and have an all out booze fest a month later? Kind of like that.

Whirlwind

[font size="1" color="#FF0000"]LAST EDITED ON 01-06-04 AT 05:18PM (CST)[/font][br][br]We avoid the breathalyzer issue, as well as the issue of whether someone is actually impaired or not, by stating in policy that is unacceptable to be at work while exhibiting evidence of recent alcohol consumption, which includes alcohol on the breath. If it's because they drank the night before -- well, basically that's too bad. This is a school and that is not an acceptable image to present to children. Notwithstanding the rare metabolism disorder (which we would entertain, should somone be able to support it with medical evidence), someone has to do quite a bit of drinking the night before to still have alcohol on his/her breath the day after. Occasionally someone has tried to offer the lame excuse of a medicinal smelling mouthwash, but I just about guarantee you there's no mistaking any mouthwash for booze (by machine maybe, but not by nose). No one's ever gotten anywhere with trying to buck this policy. In fact, we've gotten some people into rehab this way.