123:1-76-03. Alcohol testing techniques and methods

(A) All procedures and protocols for collection and testing of an employee's breath for alcohol shall conform to the methods and procedures set forth in federal regulations, governing collective bargaining agreements or, in the absence of such regulations or agreements, by the director of the department of administrative services. The threshold concentration level for a positive test will be that established by federal regulations, governing collective bargaining agreements or, in the absence of such regulations or agreements, by the director of the department of administrative services.

(B) Test results shall be reported to the agency head, or a person officially designated by the agency head to receive information for the agency, within twenty-four hours of the receipt of the result by the drug-free workplace services program.

(C) The agency head, or a person officially designated by the agency head to provide such information, shall provide to the department of administrative services' drug-free workplace program a monthly statistical summary of all alcohol breath testing information including the number of employees tested and the results of that testing. This information shall be forwarded no later than fourteen calendar days after the end of the month covered by the summary.

Five Year Review (FYR) Dates: 6/1/2018 and 01/15/2022
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09 . 124.34
Prior Effective Dates: 06/14/1992, 06/26/1994, 07/26/2002

Prior History: (R.C. 119.032 review dates: 01/31/2012 and 01/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09, 124.34
Prior Effective Dates: 6/14/92, 6/26/94, 7/26/02 )