Ala. Admin. Code r. 480-5-6-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-5-6-.03 - Substance Abuse Testing

(1) The specimen collected for substance abuse testing may be tissue, blood, urine, breath, or other product of the human body that is capable of revealing the presence of drugs or their metabolites or of alcohol. However, the collection of any specimen constitutes a search under the Fourth Amendment because it implicates significant privacy concerns. Therefore, to balance the degrees of intrusion on the individual's privacy interest against the promotion of the employer's legitimate interests, the preferred specimen is:

(a) Urine for drug testing, and

(b) Breath for alcohol testing.

2) The methodology and procedures for alcohol testing shall conform to the Department of Transportation (DT) 49 Code of Federal Regulation Part 40, Procedures For Transportation Workplace Drug Testing Programs, Subpart A - General and Subpart C - Alcohol Testing. Except for those employees who must comply with DOT standards, an employee shall be determined to be under the influence of alcohol if the employee's normal facilities are impaired due to the consumption of alcohol or the employee has an alcohol level of .08 or higher, except for safety sensitive functions the alcohol level may be .04 or higher.

Author: Workers' Compensation Division

Ala. Admin. Code r. 480-5-6-.03

New Rule: Filed July 19, 1996; effective August 23, 1996.

Statutory Authority:Code of Ala. 1975, §§ 25-5-330 through 25-5-340.