Inability to Provide an Adequate Amount of Breath Clause Samples
The 'Inability to Provide an Adequate Amount of Breath' clause defines the procedures and consequences when an individual is unable to supply a sufficient breath sample, typically for breathalyzer or alcohol testing purposes. This clause outlines what constitutes an inadequate sample, the steps to be taken if a person cannot comply—such as offering alternative testing methods or documenting medical reasons—and the potential implications, like treating the failure as a refusal. Its core function is to ensure fairness and clarity in situations where physical or medical limitations prevent compliance, thereby protecting both the individual's rights and the integrity of the testing process.
Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Employer may direct the employee to see a licensed physician.
b. The employee may not perform safety sensitive functions until s/he is evaluated, provided the evaluation takes place within two (2) hours.
c. The physician shall examine the employee to determine whether the employee's inability could have been caused by a medical condition.
d. If the physician determines, in his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded the employee from providing an adequate amount of breath, the employee shall not be deemed to have refused to take the test.
e. If the physician is unable to make this determination, the employee shall be deemed to have refused to take the test.
f. The Employer shall pay any medical fees assessed for the examination.
Inability to Provide an Adequate Amount of Breath. If an employee is unable, or alleges he/she is unable to provide an amount of breath sufficient to give a reading on the EBT, the BAT should again instruct the employee to attempt to provide an adequate amount of breath and the proper way to do so. If the employee refuses to make a second attempt, the BAT shall discontinue the test and immediately notify the Village. If the employee does make an attempt again and fails to provide an adequate amount of breath, the BAT may provide another opportunity to the employee if the BAT feels there is a strong likelihood the employee could provide a sufficient amount of breath. If the employee fails to provide an adequate amount of breath, the BAT shall note the failure on the remarks of the alcohol testing form and immediately notify the Village. The Village will then direct the employee to obtain, within 5 days, an evaluation from a licensed physician who is acceptable to the Village and has expertise in the medical issues associated with the employee’s inability to provide a sufficient amount of breath. If the physician determines the employee has a medical condition that could have prevented him/her from providing a sufficient amount of breath, the test will be cancelled. No further testing will be required except when the employee needs a test result of less than 0.02 for a return to duty or a follow-up test. If the physician determines the employee does not have a medical condition that could have prevented him/her from providing a sufficient amount of breath, it will be considered a refusal to test. The Village shall notify the employee of the physician’s conclusions.
Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Village may direct the employee to see a licensed physician.
b. The employee may not perform any work until s/he is evaluated, provided the evaluation takes place within two
Inability to Provide an Adequate Amount of Breath. (1) The BAT must instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make an attempt, the BAT will immediately inform AMC.
(2) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the remarks section of the Breath Alcohol Testing Form and immediately inform AMC who will direct the employee to obtain an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath.
(3) If the physician provides a written statement that a medical condition exists to preclude an adequate amount of breath, it will not be regarded as a refusal to take a test. If the physician is unable to determine a medical condition exists to provide an adequate amount of breath, it will be regarded as a refusal to take a test. APPENDIX D
Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Employer may direct the employee to see a licensed physician.
b. The employee may not perform safety sensitive functions until s/he is evaluated, provided the evaluation takes place within two (2) hours.