Testingpositive for alcohol at the workplace
OATH Index No. 1405/12OATH Administrative Law Judge Tynia D. Richard recommended a30-day suspension* for a sanitation worker who tested positive for alcohol in arandom workplace test.
The employee contended that the positive test was caused byingestion of herbal supplements that unbeknownst to him contained alcohol.
Judge Richard found that there was no evidence that theamount of alcohol in the supplements was sufficient to trigger a positive breathtest, particularly when the confirmatory test administered 22minutes after the initial screen test also was positive.
The decision is posted on the Internet at: Dep’t of Sanitation v. Anonymous (in PDF),OATH Index No. 1405/12
* The Commissioner imposes followup drug/alcoholtesting in addition to the 30-day suspension.
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