Fired for failing breathalyzer from Inhaler?

I dunno....if everything is as he says it is, then there is probably a real case for a lawsuit here, and I can't imagine any reasonably large company would want to risk that. However, the story you have seems to be a bit improbable, unless you had just used the inhaler. And also, if the inhaler DOES have alcohol in it, you are ingesting it, and probably need to be off-duty after you use it. Isn't there a non-alcoholic inhaler you can use?

Somehow, I have the feeling your story and the actual facts don't jibe 100%.....

 

What kinda of inhaler was it ?. Seems like the DOT physical doctor would have noticed this and said don’t take it or figure something else out.

 

[Influence of asthma inhalers on a breath alcohol test] - PubMed from 2002
Conclusions: Asthma inhalers, including those without alcohol contents, lead to positive readings of breath alcohol measuring devices within the first minutes. However, these interferences are no longer detected at 10 min.

7 Things That Cause Breathalyzer False Positives | Fienman Defense

 

Never ceases to amaze me how different the industry is. Why, years ago, jobs were gotten over a "few" drinks, now a freakin' inhaler pulls the trigger? Even though I don't drink, I'd say, right here industry,,, wait, I already did that. Honestly, my friend, why would you want to be part of an industry that basically blackballed you for no reason? It's unacceptable, I'd move on to a different way of making a living. People that appreciate you.

 

I have no idea if what you are claiming is possible. It is the first time I've heard it though and I've been hanging out on this forum for years. Seems like there would be others.

 

Clearing House has their own rules,,but if you are being honest,,id fight that ####,,they can have labs test to see if you've used or it really was medicine,,also. I got a doctor's opinion in writing cause I also take medication that sometimes pops me dirty for afedimine ,,if you do nothing and it goes in clearing House basically say goodbye to your carrer

 

I read the FMSCR section on drug testing awhile ago.

The person giving the drug test has to be properly trained following the training procedure in the regulations and they have to follow the procedures in the regulations for administering the drug test.

IMO, most of them aren't properly trained, there is no official documentation of them receiving the proper training per the regulations. And they are unfamiliar with the regs on how to actually give the test.

The best way for a driver to protect himself is to record the process ( if you're in a one party consent state) so you can point out how the person didn't follow the regulations and the test result should be declared null and void.

 

How long between your last use of the inhaler and the breath test?

 

I am finding conflicting information about the alcohol levels that require the C/TPA or the current employer to report to the Clearinghouse. According to THIS, that amount is .04. According to 40.255(a)(3), it is .02, unless I am missing something. I do know that, generally, the MRO is not part of the alcohol process. In some ways, this is sad because the OP could speak to the MRO about the inhaler and get the test changed.

Now, I want to discuss something that new drivers need to know and that veteran drivers need to be reminded of. First, I refuse to get drawn into that debate about drug testing when off duty and on home time. Just remember, NEVER, under any circumstances, blow when off duty. If you have been drinking even a small amount, do NOT enter your company property. Years ago, I was called and told I needed to go test and blow. I told the girl in safety I would test, but I would need to get a ride to the clinic because I had been drinking and I would NOT blow. Had I blown that day, that form would have gone back to my employer. You ONLY blow when you are on duty or just about to or just come off duty.