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Employer Breathaliser Help and Info please

Employer Breathaliser Help and Info please

Old Jul 29th 2014, 10:30 am
  #1  
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Default Employer Breathaliser Help and Info please

Can anybody out there give me some assistance/advice

If my employer made me blow in breathaliser and i blew 520 and then 30 mins later i blew 420, its Zero to get on site

I went to police station 2 hrs later as requested by my employer to get another test done as i said there is no way the one at site was reading correct, when i went to police station it read 180 which i believe is right

My main question is....

I dont believe employers test was correct even though they said was callibrated, where do i stand with saying it was wrong even though it was callibrated? There is no way it would stand in court going by research on the web, yes the one at police station would... i should add in here that i drove my car 1 kilometre along road when left employers site so i could get a phone signal and he said i should not of been driving!

Im up in front of HR about this in few days for turing up at site "supposedly intoxicated" so im crapping it to be honest and looking for any advice!

Cheers in advance!
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Old Jul 29th 2014, 10:42 am
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Default Re: Employer Breathaliser Help and Info please

I have one like this....AlcoSense Zenith Breathalyser - Compact, Lightweight Personal Breathalyser Their website claims 'DOT Approved' then their specification sheet sheets says 'Not Calibrated'.

This one will give very different reading from say first one at 0.089 then 0.04 then 0.0 in the space of a few minutes. They also seem very sensitive to if you have just had a cup of strong coffee.

May be get some paid professional advice if your job depends on it, but like speeding, admit nothing - once you admit it, it doesn't matter if the instrument is correct or not, you have pleaded guilty to an offence.

My suggestion would to take legal advice, admit nothing and ask for the calibration certificates and training/qualification certificates for the operator.
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Old Jul 29th 2014, 11:57 am
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Default Re: Employer Breathaliser Help and Info please

Are you sure about those numbers?
was police 0.18? If so this, as you say this is accurate, and very high. Surprised the police didn't ask you how they got there!
Also supposed employer let/made you drive. Our policy you'd have been in a cab.
While if numbers are right this is very serious, dismissal is unlikely (IMO).
If you had been drinking before work then, well, you take what's coming. I assume you knew the rules?
Calibration carts are unlikely to help you. Workplace law I not like normal law. The test is balance of probability not beyond reasonable doubt. So even if machine 10% out your likely to be over.
Also note limit is not test of sobriety but what you blood alcohol content was.
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Old Jul 30th 2014, 12:01 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by interested16
Can anybody out there give me some assistance/advice

If my employer made me blow in breathaliser and i blew 520 and then 30 mins later i blew 420, its Zero to get on site

I went to police station 2 hrs later as requested by my employer to get another test done as i said there is no way the one at site was reading correct, when i went to police station it read 180 which i believe is right

My main question is....

I dont believe employers test was correct even though they said was callibrated, where do i stand with saying it was wrong even though it was callibrated? There is no way it would stand in court going by research on the web, yes the one at police station would... i should add in here that i drove my car 1 kilometre along road when left employers site so i could get a phone signal and he said i should not of been driving!

Im up in front of HR about this in few days for turing up at site "supposedly intoxicated" so im crapping it to be honest and looking for any advice!

Cheers in advance!

What units are these measurements in? They don't relate to the standardised units for measuring blood alcohol concentration.

If I were disputing it, I would have been tempted to go and get a blood test - much more accurate than breath testing.

Also, if it's early in the morning, and a reasonably low reading, I would have thought that you could use the mouth wash defence.


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Old Jul 30th 2014, 12:23 am
  #5  
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Default Re: Employer Breathaliser Help and Info please

Hi
I recall the work machine saying 520 but im guessing this would mean 0.0520 with 0.0500 being the legal limit for driving?

I then know that the reading at police station read 0179 (from print out) and was taken from a Drager 9510. I have never been in a situation like this before so my mind is struggling quite a bit with it..

I sure did know the rules......

My apologies but i should of also pointed out this happened in NZ as i was there working, im based in OZ!

Any suggestions what sort of legal advice i should be getting before i have meeting with HR?
Thanks for your replies and info so far....
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Old Jul 30th 2014, 12:36 am
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Default Re: Employer Breathaliser Help and Info please

I can only go from my experience in Oz, but you would have no defense given you blew at the police station.
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Old Jul 30th 2014, 1:14 am
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Default Re: Employer Breathaliser Help and Info please

Hi
Yes i blew at the police station but was well under the limit for driving ?
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Old Jul 30th 2014, 1:17 am
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Default Re: Employer Breathaliser Help and Info please

Do you have a union? If so, I would seek advice from them. I suggest you ask if you can have a support person with you when you go to the meeting with HR if possible. Ideally this would be a union rep or lawyer, but even a colleague who is on your side may help you keep calm and focussed. And read and take along a copy of your employment contract (which should set out the policy on dismissal and sanctions).

If you are employed by an Australian company your case will be dealt with under the relevant employment law in your state - the fact that the incident happened in NZ probably won't make any difference. I strongly advise you to consult a local lawyer in Victoria before the meeting if you can - even a quick phone conversation would be useful. The Law Institute of Victoria should be able to help you find a lawyer: www.liv.asn.au.

Last edited by Soozi; Jul 30th 2014 at 1:19 am.
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Old Jul 30th 2014, 2:54 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by interested16
If my employer made me blow in breathaliser and i blew 520 and then 30 mins later i blew 420, its Zero to get on site
Sounds like it doesn't matter at 520, 420 or 180. You said its zero to get on site
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Old Jul 30th 2014, 3:01 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by interested16
Can anybody out there give me some assistance/advice

If my employer made me blow in breathaliser and i blew 520 and then 30 mins later i blew 420, its Zero to get on site

I went to police station 2 hrs later as requested by my employer to get another test done as i said there is no way the one at site was reading correct, when i went to police station it read 180 which i believe is right

My main question is....

I dont believe employers test was correct even though they said was callibrated, where do i stand with saying it was wrong even though it was callibrated? There is no way it would stand in court going by research on the web, yes the one at police station would... i should add in here that i drove my car 1 kilometre along road when left employers site so i could get a phone signal and he said i should not of been driving!

Im up in front of HR about this in few days for turing up at site "supposedly intoxicated" so im crapping it to be honest and looking for any advice!

Cheers in advance!
From what I have seen, a first offence would not result in dismissal. Rather there would be a warning, monitoring, counselling instead

This is very different from the rail industry in the UK, where any kind of negative drug/alcohol reading would lead to instant termination
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Old Jul 30th 2014, 3:54 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by Amazulu
From what I have seen, a first offence would not result in dismissal. Rather there would be a warning, monitoring, counselling instead

This is very different from the rail industry in the UK, where any kind of negative drug/alcohol reading would lead to instant termination
most of them are zero tolerance, instant dismissal here now, if the OP is on rail, I would think very carefully before any action. I've been in jobs where you'd have to answer criminal charges aswell as losing your job. I think the best the OP dare hope for is being offered the chance to resign without this going on his record (seen this done in the past)

You don't need telling what a silly boy you've been, I hope it's lesson learnt, keep your job and move on, but I wouldn't bank on it. Good luck
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Old Jul 30th 2014, 4:01 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by interested16
Hi
Yes i blew at the police station but was well under the limit for driving ?
Originally Posted by Beoz
Sounds like it doesn't matter at 520, 420 or 180. You said its zero to get on site

Yeah, I think that's the nub of it right there - being under the limit for driving is pretty much irrelevant if you need zero to get on site.


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Old Jul 30th 2014, 4:21 am
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Default Re: Employer Breathaliser Help and Info please

What's the limit in NZ? Surely not over three times the limit in Australia?
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Old Jul 30th 2014, 4:26 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by knockoff nige
What's the limit in NZ? Surely not over three times the limit in Australia?
Originally Posted by NZ Transport Agency
You must not drive if you have consumed more than the legal alcohol limit, which is 400 micrograms per litre of breath or 80 milligrams per 100 millilitres of blood.
Zero if you are under 20, but I suspect that's not relevant here...


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Old Jul 30th 2014, 4:30 am
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Default Re: Employer Breathaliser Help and Info please

Originally Posted by Swerv-o
Zero if you are under 20, but I suspect that's not relevant here...


S
How do I read that? Is it .4? Surely not.
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