New York Public Personnel Law: Testing positive for alcohol at the workplace

June 27, 2012

Testing positive for alcohol at the workplace

OATH Index No. 1405/12

OATH Administrative Law Judge Tynia D. Richard recommended a 30-day suspension* for a sanitation worker who tested positive for alcohol in a random workplace test.

The employee contended that the positive test was caused by ingestion of herbal supplements that unbeknownst to him contained alcohol.

Judge Richard found that there was no evidence that the amount of alcohol in the supplements was sufficient to trigger a positive breath test, particularly when the confirmatory test administered 22 minutes after the initial screen test also was positive.

The decision is posted on the Internet at:

Dep’t of Sanitation v. Anonymous (in PDF), OATH Index No. 1405/12

* The Commissioner imposes followup drug/alcohol testing in addition to the 30-day suspension.

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