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drug testing chain-of-custody fatal flaws

  • Thread starter walt bourbonman
  • Start date

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walt bourbonman

Guest
What is the name of your state? CA
what cause of action is viable for lapse of chain of custody in urine collection procedure (non DOT)
 


HomeGuru

Senior Member
walt bourbonman said:
What is the name of your state? CA
what cause of action is viable for lapse of chain of custody in urine collection procedure (non DOT)
**A: Rather than asking a general broad-based question, tell us what are your specifc circumstances?
 
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walt bourbonman

Guest
49CFR40 outlines specific collection requirements and procedures; how much protection can private sector employees expect?
 

divgradcurl

Senior Member
Since a CA employer can fire someone at any time for any reason, who cares if they handled a drug test competantly? What "cause of action" are you talking about?

Now, if you are part of a union, then the drug testing may be under more restrictions, but you would have to take it up with the union first.
 
W

walt bourbonman

Guest
OK, I'll try and clarify what I want to know.

For the sake of argument, let's assume these are facts: A urine test was performed, and the results are disputed by the prospective employee. The collected specimens were left unattended several times before being sealed.

How can the integrity of the testing be assured? If the position is, for example, a federal or state transportation worker, 49CFR40 would apply and clearly the testing has not met those requirements.

In the above situation, what are the initial steps for litigating? Specifically, the first paperwork to be filed.
Also what can be sued for -- does it have to be money?
What if one only wanted the testing invalidated to maintain his or her reputation?
 

divgradcurl

Senior Member
"How can the integrity of the testing be assured? If the position is, for example, a federal or state transportation worker, 49CFR40 would apply and clearly the testing has not met those requirements."

Are you a federal or state worker? You said Private sector in your first post.

"In the above situation, what are the initial steps for litigating? Specifically, the first paperwork to be filed.
Also what can be sued for -- does it have to be money?
What if one only wanted the testing invalidated to maintain his or her reputation?"

Have you been fired because of this drug test? Your name dragged through the mud? Anything?

As I noted before, unless you are a state or federal worker or belong to a union or have some other type of employment contract, your employer doesn't need to have any reason to fire you, so whether or not the drug test is valid is irrelevant.
 

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