BLOOD ALCOHOL TESTING PROCESS Sample Clauses

BLOOD ALCOHOL TESTING PROCESS. Section 65 (1) of The Act requires medical evidence to be led for the State to prove a conviction for driving whilst the concentration of alcohol in the blood exceeds the statutory limit. Guideline The State has been challenged in successful prosecutions using blood alcohol samples because of: • The chain of custody – The State has the onus to prove that the sample of blood extracted by the district surgeon (or other medical officer) is the sample that was tested. This entails that every person who handled the sample must account record their identity within the documented chain of custody. • Incorrect sampling kits, sealing of samples and completion of documentation - Often the tag numbers are incorrectly entered or affidavits are incorrectly filled out bringing the chain of custody of the sample into dispute and the withdrawal of charges, or an acquittal. • Blood taken by unapproved persons: Section 37(2) (a) Criminal Procedures Act (CPA) 51/1977 states that only a Doctor or Registered Nurse may take a blood sample. • Availability of medical officers – Arresting officers may not arrest suspected drunk drivers, typically early hours of the day or weekends when there are few medical officers available to extract blood samples within the prescribed two hours after the alleged offence. ( It is important that blood samples are taken within two hours of the alleged offence as then the State can rely on the presumption in section65(3) of the Act.) • Availability to testify in court – When Medical Officers are not available to attend Court proceedings the charges may be withdrawn. • Contamination of samples – Extended delays in the finalization of test results may open up a line of questioning regarding the possible contamination of the sample. Factors such as whether sufficient Sodium Fluoride is present to preserve the sample and the temperature at which the sample was stored for the extended storage period may be considered in any court proceedings. • Standard Operating Procedure and Process – The State Chemistry equipment must be calibrated according to the manufacturers requirements or errors arise in the testing and analysis of the sample. Evidence of equipment calibration is thus critically important. • In the case of a suspect apprehended for suspected driving under the influence of an intoxicating substance or a motor vehicle accident where it is believed that an intoxicating substance might be involved, a blood sample is taken and transported to the la...
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Related to BLOOD ALCOHOL TESTING PROCESS

  • Alcohol Testing Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration. Non-EBT devices may be used for initial screening tests. A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. Levels of .04 or greater on the confirmation test will be considered positive.

  • DRUG/ALCOHOL TESTING 8.1 The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the College’s premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination.

  • DRUG AND ALCOHOL TESTING Employees may be tested for drugs and/or alcohol pursuant to the provisions of the Employer's Drug and Alcohol Testing Policy which is attached hereto and made a part of this Agreement as if more fully set forth herein.

  • Substance Abuse Testing The Parties agree that it is in the best interest of all concerned to promote a safe working environment. The Union has no objection to pre-employment substance abuse testing when required by the Employer and further, the Union has no objection to voluntary substance abuse testing to qualify for employment on projects when required by a project owner. The cost and scheduling of such testing shall be paid for and arranged by the Employer. The Union agrees to reimburse the Employer for any failed pre-access Alcohol and Drug test costs.

  • Drug Testing (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., the Drug-Free Workplace Act.

  • Random Drug Testing All employees covered by this Agreement shall be subject to random drug testing in accordance with Appendix D.

  • Random Testing Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

  • ODUF Testing 6.6.1 Upon request from TWTC, AT&T shall send ODUF test files to TWTC. The Parties agree to review and discuss the ODUF file content and/or format. For testing of usage results, AT&T shall request that TWTC set up a production (live) file. The live test may consist of TWTC’s employees making test calls for the types of services TWTC requests on ODUF. These test calls are logged by TWTC, and the logs are provided to AT&T. These logs will be used to verify the files. Testing will be completed within thirty (30) days from the date on which the initial test file was sent.

  • Health plan specification The Employer will require health plans participating in the Group Insurance Program to develop and implement health promotion and health education programs for State employees and their dependents.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

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