Fired for failing breathalyzer from Inhaler?

I took almost 2 hours reading the text of Part 40 Subpart G, and I can find no writing anywhere in that Subpart that supports the MRO being part of the Alcohol testing process. I even went into some other supporting information and could find none. I then went to Part 40 Subpart N, titled Problems in Alcohol Testing. I still was not able to find any mention of an MRO.

I don't consider myself expert enough to have an opinion. All I can do is find relevant sections of the rules. In Alcohol Testing, I can find NO texts that refer to an MRO in any way, shape, or form being part of the Alcohol testing process. Of course, I would welcome anybody who can find such text anywhere in the rules to post a link!

As to the OP I don't think the entire story has been told.

 

I would be looking for an Americans With Disabilities Act type of lawyer, if I would look for one at all. Asthma I am sure is one of those disabilities. Unless you were only on the albuterol for bronchitis or something like that. Or you could try filing with the EEOC I guess, but that will take years, no doubt.

 

You are right, I was equating this with a drug test for some reason. my bad ...

I am not but I did ask two people who are in the know, both asked the same question - the examiner offer a second test or did the driver demand to see the calibration records of the machine?

There are a bunch of things that can be done but not against the employer, it is on the driver in that regard.

However, there has been a couple of cases where the FMCSA and the examiner were sued over the problems of false positives, and the examiner's failure to give a second test and provide proper procedures to set up the test for accuracy.

I also think that too. I had a few drivers go through this and they know they have to ask for a second test. The machines are not always accurate, to be exact unless they are taken care of, cleaned and calibrated, they will always be inaccurate.

Why run to the ADA, the driver isn't disabled or is he?

He has to show proof that he is being discriminated against based on specific factors, they will tell him to get a lawyer in this case and sue over an employment issue.

Too many times, this is an administration thing, there are regulations that need to be followed by the examiners, but the company is free to terminate without cause.

 

Heck I remember the 70s we used to have a safety meeting at a bar

 

so what’s the conclusion here? is he a boozer ha ha ha ha

 

This thread went completely off the rails. The OP did not fail the random tests per fmcsa allowable levels. His results were 0.02 which is a pass. Nothing negative will be reported to the clearinghouse.

The results of 0.02 which is still considered impaired was not accepted by his employer. His employer had a stricter policy than fmcsa so they fired him.

The only problem now is if his company reports it to DAC/Hireright etc.

Who knows, maybe he’s an obese guy that needed a couple big blasts from the inhaler just to walk across the parking lot..

 

Ha ha ha what a way to start my day Ha ha ha

 

Heck, after reading all the stuff about a boozer I gotta go pee ha ha ha

 

I’m done for the day, just winding down before I have some pillow time.

 

For the why run to the ada part I’d have to guess because it’s considered a disability and discrimination. Just a guess.