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Author Topic: Denial of Access  (Read 5555 times)

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Offline stanton

Denial of Access
« on: Apr 15, 2014, 10:36 »
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« Last Edit: Dec 03, 2014, 05:07 by stanton »

Offline Higgs

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Re: Denial of Access, going to appeal
« Reply #1 on: Apr 15, 2014, 11:44 »
There's a reason why you're not allowed to have anything from the time that you're notified until the testing is complete.

I don't have any advice except good luck. I doubt that either of the causes that you mentioned could cause a test that high, but I'm not a doctor.

PM Graphic for appeals advice.

Justin
"How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic.” - Ted Nugent

stownsend

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Re: Denial of Access, going to appeal
« Reply #2 on: Apr 16, 2014, 09:11 »
They will back calculate your actual results for the one hour you started work.

Chimera

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Re: Denial of Access, going to appeal
« Reply #3 on: Apr 16, 2014, 10:15 »
There are a few inherent problems with the breathalyzers.  You should always opt for the blood test for confirmation of the breathalyzer.  If the site doesn't offer it as a choice, go immediately to your doctor.

Offline Roll Tide

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Re: Denial of Access, going to appeal
« Reply #4 on: Apr 16, 2014, 10:24 »
Last FFD test I had, my instructions included, "Do not burp" on the 15 minute list of prohibited actions.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
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And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Graphic

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Re: Denial of Access, going to appeal
« Reply #5 on: Apr 16, 2014, 01:51 »
Eh, honestly your chances of a successful appeal are pretty slim in this case.  You blew a .038, after you were already on duty for an hour, which is a fail as you now know. The NRC guidelines are easily read here: http://www.nrc.gov/reading-rm/doc-collections/cfr/part026/part026-0103.html

There is the 15 minute rule if you've had any kinda drink, gum etc they are regulated to wait 15 minutes. They are required to ask you, not just assume you haven't. I've never heard of any e-cig producing a positive on alcohol tests, but who knows. It surely isn't something your review officer is going to take into account, he or she is going to go with the hard proof which was your fail. They are going to be hard pressed to believe you hadn't drank a sip in the past 12 hours or so. Your best bet is just to wait the year and return after that.

Good luck!

radbrat

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Re: Denial of Access, going to appeal
« Reply #6 on: Apr 16, 2014, 02:02 »
If what you are saying is true, never mind the e-cig, and you abstained for 12 hrs, you should go have a liver function test performed. For that kind of retention time, something aint right.

chuckdhuff

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Re: Denial of Access, going to appeal
« Reply #7 on: Apr 16, 2014, 02:29 »
From what I remember from an alcohol awareness class:

The average person's body processes the equivalent of one drink per hour starting one hour after you started drinking.
One drink is basically .01 for the average sized person.
One drink is; one beer, one shot, or one glass of wine/wine cooler.
Using this rough math; if you blew a .038 approximately 13 hours after you stopped drinking then you were at a .168.
Basically twice the legal driving limit.

Better start looking at some non-nuke jobs. [2cents]
« Last Edit: Apr 16, 2014, 05:26 by ksheed12 »

 


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