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From: Mark P.
Date: 27 Oct 2004
Time: 14:11:59 -0700
Remote Name: 69.38.52.101
I am a Personnel Director for a manufacturing company. I recently had an employee tested under the reasonable suspicion language of the company's policy. He tested positive on the 5 panel and subsequent COC GCMS confirmed positive at a level of 269 ng/ml. I spoke with the MRO who indicated that there is no connection between urine levels and a true determination of being "under the influence" but under state law there is a "presumption of impairment" at the level above the cutoff of 150 ng/ml. Can you provide me with 1) what the term "presumtion of impairment" means medically/legally; 2) some studies or data that I can use when I have to arbitrate this employee's discharge from employment when his union tries to make the company return him to work?