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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! |
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. |
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. |
Re: Employer Breathaliser Help and Info please
Originally Posted by interested16
(Post 11351060)
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. S |
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.... |
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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Re: Employer Breathaliser Help and Info please
Hi
Yes i blew at the police station but was well under the limit for driving ? |
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. |
Re: Employer Breathaliser Help and Info please
Originally Posted by interested16
(Post 11351060)
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
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Re: Employer Breathaliser Help and Info please
Originally Posted by interested16
(Post 11351060)
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! This is very different from the rail industry in the UK, where any kind of negative drug/alcohol reading would lead to instant termination |
Re: Employer Breathaliser Help and Info please
Originally Posted by Amazulu
(Post 11352094)
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 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 |
Re: Employer Breathaliser Help and Info please
Originally Posted by interested16
(Post 11352014)
Hi
Yes i blew at the police station but was well under the limit for driving ?
Originally Posted by Beoz
(Post 11352090)
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. S |
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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Re: Employer Breathaliser Help and Info please
Originally Posted by knockoff nige
(Post 11352146)
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.
S |
Re: Employer Breathaliser Help and Info please
Originally Posted by Swerv-o
(Post 11352150)
Zero if you are under 20, but I suspect that's not relevant here...
S |
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