Rhode Island's drug testing statute may cover breathalyzer tests, federal court rules

The U.S. District Court for the District of Rhode Island recently found the state's drug testing statute could apply to breathalyzer tests. The statute governs the testing of "urine, blood, or other bodily fluid or tissue." If a breathalyzer test analyzes an individual's "bodily fluid"—as the employee in the case alleged—then the testing must comply with the statute, according to the court. We'll have to wait and see how the factual record develops in the case. Until then, employers face some serious uncertainty over the future of alcohol testing in the state.

Employer suspects employee is working under the influence

Phyllis Stafford worked as a phlebotomist for CSL Plasma, Inc., for about one year. Her job was to withdraw blood and plasma from patients with a syringe.

According to CSL Plasma, on January 17, 2019, two different employees told their supervisor they believed Stafford was under the influence of alcohol because she was slurring her words and acting strange.

The supervisor (and his supervisor) held a meeting with Stafford, during which she continued to "act strange." One of the supervisors reported smelling alcohol on her breath. They decided to send her to a drug and alcohol treatment facility for testing based on their reasonable suspicion she was impaired at work.

Employer directs employee to take breathalyzer, urine tests