use of breathalyzer

We have over 100 vehicles on the road. We are interested in purchasing a breathalyzer for random testing or reasonable suspicion. We have these practices reserved and explained in both our employment applications and employee handbook.

The way we have done testing in the past is for a member of management to take the employee to an official site for testing. While not wanting to downplay the importance of testing, the 2 to 3 hours it takes to get to and from a test site and have the test done, gets time management involved in the decision (when it should not be involved at all.)

We know our greatest legal exposure is with this number of vehicles on the road and believe that the breathalyzer could help with a "reasonable man" test, when/if that accident does occur.

Suggestions, comments, ideas are all appreciated

Thanks,
Rich

Comments

  • 6 Comments sorted by Votes Date Added
  • I suggest finding a mobile lab, rather than someone at your company administering breathalyzer tests. The mobile lab we used was DOT certified and had an impeccable chain of command. This lab also used the services of a medical review officer. I would call the lab and they would arrive within 4 hours and test the selected individuals. We used them many times and no one ever challenged their results.

    While I don't believe the breathalyzer is a bad thing, you may get challenges on the operator's training and ability. With the mobile lab service you would have no issues.

    Just my opinion!


  • My humble opinion is that a competent attorney will have you for lunch if action results from a positive BAC.
  • I agree with Don. We use a breathalyzer here to give us an idea if a person has been drinking. If ours registers as certain level we then send the employee out for a second test that is performed at a hospital that has a breathalyzer that is correctly calibrated. Their unit has a printout and can be used as evidence in court. We would never use the results of our unit to determine whether or not to take disciplinary action. Our unit just isn't accurate enough and we would make for some very tasty morsels for an attorney.
  • Ditto. TO much down side potential to save a few hours here and there.
    My $0.02 worth!
    DJ The Balloonman
  • I agree with others. There's a reason police departments use field breathalyzers as a gauge of sorts, and then perform the "record" one at the station.
  • Thanks for the explanation of your procedure of doing preliminary testing in-house and following up with a qualified lab if needed. Makes great sense and we'll be doing the same thing very shortly.
    Rich
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