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    sfarhadi's Avatar
    sfarhadi Posts: 1, Reputation: 1
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    #1

    Oct 21, 2014, 03:54 PM
    Tested positive on a urine test for alcohol 0.05 at work
    I tested positive on a random urine test at work alcohol level of 0.05%, I have been discharged and have a grievance hearing coming up tomorrow, how can I fight this and prove that I wasn't impaired? I live in CA and work for a cement plant
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Oct 21, 2014, 05:09 PM
    If it registered.. then all research and studies on the subject show you were in fact impaired, long before you felt the effects of it yourself. The thresholds for impairment weren't a random number...research proved all subject have measurable impairments at the lowest threshold.

    I think your chances of winning are very, very low. WITH a fantastic lawyer. Zero if you defend yourself.
    ebaines's Avatar
    ebaines Posts: 12,130, Reputation: 1307
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    #3

    Oct 22, 2014, 07:34 AM
    Does your employer have a written policy regarding alcohol consumption? A BAC of 0.05% is below the level of being legally impaired with respect to driving in all states. However, given that your employer does random checks I suspect that they probably have a more stringent policy, which should be in writing and which you should have agreed to as a condition of employment. For example many employers have a policy that you are considered to be "under the influence" if alcohol is found in your body to be "more than an identifiable trace," which 0.05% certainly is. Is that what your employer's policy states? If so, I think your only recourse is to ask that they produce the consent form that presumably you signed when you were hired in which you acknowledged the policy - perhaps if they have lost it, or you never signed one in the first place, you can plead ignorance of the policy.

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