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Question
Posted by: Sans | 2011-04-06

Breathalyser results

To what level is one affected with the result of 0.2 done on breathe alcohol analyzer. Person was not driving but at the workplace.

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Our expert says:
Expert ImageCyberShrink

This is a legal question, not really a medical one. As Purple says, if a breathalyzer is legitimately done at woek ( I'm not convinced this is always allowed ) presumably their objection would be to their being ANY evidence of ANY ancohol present, rather than to a specific level, unless the work involves driving, and the person would have been expected to drive shortly after the testing, or had just been driving.
It may also be relevant if the person is operating many types of heavy machinery, etc.
Much would depend on the circumstances, the agreed rules or conditions of employment, and the nature of the work

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Our users say:
Posted by: Purple | 2011-04-07

At the workplace, its not the level of alcohol in the test, its that there is alcohol present.

Because of health and safety laws and how this person puts others and themselves at risk because of delayed reaction times etc, they are meant to get sent home (driven home if they are above the driving limit) and allowed to return the next day. They will then face disciplinary action, and if found guilty of not being able to perform their duties because of intoxication could be sent to a rehabilitation programme, given a warning for not being able to do their work (or if they are a driver or operate heavy machinery, it is so serious they could even be dismissed for a first offence).

The breathalyser itself is not that important (it just gets the concept across to employees) as its not permissable as the main source of evidence anyway, it is actually the observations of colleagues and supervisors that is more important - was the person slurring, red eyed, smelt of alcohol, told someone they had been drinking or taking tik etc. The breathalyser then just backs this up (and is then admissable).
An employee who has not been drinking, if they get a reading on a breathalyser is always free to calmly request that htey be taken for a blood test (this is admissable as evidence on its own). (generally by the time this is arranged any alcohol in the blood has dissapated anyway, but the fact that the person could calmly ask for it is noted in any reports so even if the claim is made that more than 30 minutes elapsed, sit can be seen that the person wasn''t out of hand - which a truly drunk person can''t fake).

Because of the accidents and damage such a person can cause, there isn''t much sympathy for someone who comes in still drunk after the night before, reeking of booze and unpleasant to be around or the person with a genuine drinking problem who would benefit from rehab - and generally even when sent they can''t stay on the wagon for very long anyway.

The main issue with someone who has been drinking is that they can''t do their work.

Reply to Purple
Posted by: cybershrink | 2011-04-07

This is a legal question, not really a medical one. As Purple says, if a breathalyzer is legitimately done at woek ( I'm not convinced this is always allowed ) presumably their objection would be to their being ANY evidence of ANY ancohol present, rather than to a specific level, unless the work involves driving, and the person would have been expected to drive shortly after the testing, or had just been driving.
It may also be relevant if the person is operating many types of heavy machinery, etc.
Much would depend on the circumstances, the agreed rules or conditions of employment, and the nature of the work

Reply to cybershrink

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