Adverse testing outcome — alcohol (0.02)
31 Adverse testing outcome — alcohol (0.02)
A selected member returns a positive result to an alcohol test if that member’s preliminary test returns a presumptive positive test result for alcohol and that member subsequently returns a confirmed adverse test result for alcohol.
A selected member is taken to return a presumptive positive test result for alcohol if the selected member gives 2 or more invalid samples for a preliminary test without a written medical explanation for the invalidity of the samples.
If a selected member is taken to return a presumptive positive test result for alcohol under subregulation (2), that member must provide a sample of breath for analysis by breath analysing equipment and a positive result to that analysis is a confirmed adverse test result for alcohol for the purposes of these regulations.
A confirmed adverse test result for alcohol is to be recorded by the approved person by completing a form in accordance with regulation 16.
[Regulation 31 amended: SL 2021/99 r. 7.]
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