Fired for failing breathalyzer from Inhaler?

This is a link that has the penalties for Alcohol with a Wisconsin issued CDL.
Zero tolerance for Alcohol.
Does the OPs state have a similar prohibition?

Commercial Driver License Alcohol and other Drug Offenses and Related Penalties

 

The alcohol test is given a couple times in a row. As far as another test after fifteen minutes I’ll have to go look through my drug testing manuals. I got certified for testing through NASTC drug and alcohol program but it has been awhile.

Could be required if it’s 0.04 or greater but I just don’t remember.

 

Under 0.04 is only a 24 hour oos.

 

c) As an employer who receives an alcohol test result of 0.04 or higher, you must immediately remove the employee involved from performing safety-sensitive functions. If you receive an alcohol test result of 0.020-.039, you must temporarily remove the employee involved from performing safety-sensitive functions, as provided in applicable DOT agency regulations. Do not wait to receive the written report of the result of the test.

https://www.transportation.gov/odap... alcohol,in applicable DOT agency regulations.

I got to do a little more digging for the part about when the employer is allowed to take action.

The Web Master “will be back”

 

Same as I previously posted but a little more clarity.
“The FMCSA regulation prohibits you from allowing a driver with an alcohol concentration of 0.04 or greater to perform any safety-sensitive functions until he/she has been evaluated by an SAP and has passed a return-to-duty test. A driver with an alcohol concentration of 0.02 or greater, but less than 0.04, must be removed from duty for 24 hours.”

“If the result of the screening test is an alcohol concentration of less than 0.02, no further testing is required and the test will be reported to you as a negative test. The driver may then return to his/ her safety-sensitive function.”

0.02 requires a confirmation test that is either 15 or 30 minutes apart. I got conflicting time frames through fmcsa so I’ll leave it at that.

https://www.fmcsa.dot.gov/regulatio...elines-alcohol-and-drug-regulations-chapter-7

 

What they did to me, he said give me everything and take every test you got ha ha ha

 

In regards to what I said earlier thinking 0.02 was used due to calibration issues.. I wasn’t entirely correct but still on the same planet

“The FMCSA believes that a 0.02 BAC is the lowest level at which a scientifically accurate breath/blood alcohol concentration can be measured in an employer-based test under part 382. The FMCSA further believes that this use of a 0.02 BAC standard is consistent with the Agency’s long established zero tolerance standard for alcohol. This guidance in no way impedes or precludes any action taken by a law enforcement official because of a finding that a BAC level was less than 0.02 BAC.”

https://www.fmcsa.dot.gov/regulatio...rmed-employer-pursuant-49-cfr-part-382-result

 

I don't want that on my MVR or CSA. Or whatever report it would go on.

 

Sounds like you’ll have bigger problems in Wisconsin than being oos for 24 hours. Sounds like they arrest you, take your license and fine you up the caboose. I’d imagine most states have something similar. Doubt your getting your license back after 24 in the corner

Hopefully if anyone fails an alcohol test under 0.04 it’s via a random and not a roadside couldn’t stay in your lane test.

The random won’t hurt you at all except for an employer reporting it to DAC etc.

 

I know what it is, I know a lot about it, and what I meant is the driver running to it because of some discrimination that just doesn't exist makes the law a joke.

If you look at the key points of the case he claims, he has to prove he is disabled (asthma is not a disability in itself), and that not only the tech or examiner was purposefully skewing the test or exam knowingly he is disabled.

He can file all he wants but again HE has to prove that there is something wrong and he can't.

I know very well the process, the problem is that this is a regulated industry and he has to provide proof of there was a problem in regards of the manner the exam was done that is detrimental to him and others with his condition. If he has a disability, then that is a contributing factor but most of the time because there is set processed, there are set regulations and there are norms that have been addressed in court, there is nothing he can do about it.

With only one exception, I do not have to justify the termination of any employee - PERIOD. No one can make the claim that I have to answer to anyone at any time for any reason of why. There is only one state that i have to be concerned about that but I do not operating in that state. The exception is this - if there was harassment or some other legal issues (hostile work environment), I would have to justify the termination or at least document their behavior if they were a cause of their own termination.

The real issue is this, outside of that one state, the other 49 are At Will Employment states and termination doesn't need a reason, valid or not.

Wrong (only word I can think to use). The FMCSA/US DOT does not restrict an employer from taking any action from simple punishment to termination for detection of alcohol. They can fire a driver even if there is no zero-tolerance policy, like I said, they do not have to have a reason for it. I have a strict zero-tolerance policy that everyone in the fleet knows about (they signed off on it), I have terminated without warning and in a couple cases, left the driver at a truck stop with all of their property and had another driver complete the work.

The FMCSA has nothing to say about it and the court cases that have been about this very subject, didn't hold the employer liable but the testing facility for not following the proper protocols and procedures as prescribe by the FMCSA/US DOT.

The employer in this case (using what little the OP has said) can terminate him because he either refused to retest or because he did not demand his rights as a driver to retest and make sure the machine is calibrated. His lawyer (if he can find one) would tell him exactly what I said: he has to go after the testing facility and no one else.