N.M. Code R. § 1.7.8.14 - ALCOHOL TESTS
A. A test for
alcohol shall be administered by a legally recognized and approved
method.
B. A test by a legally
recognized or approved method with results of blood alcohol content (BAC) level
of .04 or more shall be deemed positive for alcohol.
C. An agency may request in writing through
the director that the board approve a lower test result for blood alcohol
content (BAC).
D. For employees who
have undergone alcohol rehabilitation, pursuant to Paragraph (1)
of Subsection D
of 1.7.8.19 NMAC, a positive
test result during the 30 to 180 calendar days following the first positive
test shall subject an employee to disciplinary action. Such a test may be
performed by urinalysis.
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