In Texas alcohol testing employees at restaurants is a “no-brainer.” Twenty-one states plus the District of Columbia have laws that allow for random alcohol testing by employers. According to these laws an employee can be subjected to a battery of tests when they are on the job for reasons other than making work unsafe. The Texas Alcoholic Beverage Commission has released guidelines and training materials for employers that want to conduct alcohol tests. There are three categories of tests that can be ordered by an employer.
A random alcohol test is the most frequently performed test in terms of numbers. Of the three types of tests conducted, it is the most difficult to defend against in court. The idea behind the random alcohol testing rate is to determine whether or not an employee is under the influence of alcohol at the workplace. You can get accurate alcohol testing in nashville at labs like ReliaLab. Depending on the guidelines and training provided by the Texas Alcoholic Beverage Commission, an employee may be given a positive, negative, or neither result. According to the commission, a positive result means the individual is over the limit and a negative result, which is what we are familiar with, means the individual is not over the limit.
A second type of test that can be ordered by an employer is a random drug screening in nashville. This is often used in high security jobs. Security guards and prison wardens will often be randomly tested in order to check for drugs. Typically, the employer will provide two options, one of which carries a higher rate of positive results. These security guard tests can range anywhere from two to ten percent.
A third option available to an employer in a legal setting is to use the results of a random drug test to establish an alcohol drinking limit for their employees. For example, many restaurants will have a mandatory minimum number of drinks per adult per shift. With this information, an employer could institute a random alcohol testing rate for their restaurant employees. In addition to establishing the rate, this would allow an employee who might be under the legal limit to simply refuse a drink and get a positive result for the next time he or she drinks.
The court may also impose a penalty after determining the compliance percentage of a defendant with regard to alcohol consumption during the preceding calendar year. Penalties may include fines, imprisonment, or rehabilitation programs. Some states have a statutory reduction in the habitual offender rate. Statutory reduction rates vary, but the lower the number of violations per calendar year, the lower the rate. Some states also have an equivalent penalty that applies if the defendant is found guilty of a misdemeanor violation of driving under the influence during the preceding five years.
Employers who want to make an informed decision about their employees’ drug and alcohol use should consider all of the above options. Each one presents unique risks and benefits. Alcohol testing employees at one percent may seem harmless, but those who are over the limit can have adverse effects on their health. Employers who do not think that a one percent error is worth the risk will overpay for the security they receive from eliminating any chance of a serious negative incident or employee harm. You can also find a dna testing clinic in nashville. Employers who choose to err on the side of caution are rewarded by having fewer employee lawsuits, fewer drug or alcohol-related injuries, and fewer employees who end up in jail or receiving other treatment.