Drug U/A handled inappropriately by lab tech

[Employee120375]

In regards to an earlier post. There are many things that can cause false/pos where you taking any prescribed or OTC , herbal supplements, when it came back positive where you given the opportunity to speak with the Medical control doctor??

 

[free4all]

The only things taken by this person were Centrum Silver, Aspirin and a Niacin or Ibuprofen. The only time this person spoke with a Dr. is when he called with the results and that was it. This Dr. would not answer any questions. I believe this was the Dr. that analyzed the tests. Would this be the Medical control Dr. or would that be the Dr. in charge of the lab? Sorry for the dumb questions, but I'm trying to see what direction this person needs to take. Thank you!

 

[I_Got_Banned]

To answer your 2nd test, the test came back positive for cocaine.

Not likely to be a contaminated sample simply because the tech did not have gloves on...

This is a chain of custody issue.

Not even close!

 

[Jaxywho]

True, you are right Isis, this person is already terminated, however if another urinalysis is performed and does show negative results, then this person was terminated wrongfully. Also this person did try to explain to the employer about the mishandling, but employer would not accept another test period.

Taking another test after the fact and having a negative test does not mean they were wrongfully terminated or the first test was a false positive. It only proves the substance wasn't in your system at the time of the 2nd retaken test. It doesn't prove the first test was a false positive. For example you can use cocaine today, take a test two days letter and be positive. Retest the next day and be negative. The reason... Cocaine stays in your system about 3 days. It all depends on the drug b/c they all different. That is the reason most employers will not accept a retake It doesn't prove the first test was a false positive.

Eating poppy seeds does not cause a false positive. It does cause a positive for Opiates. This is not considered a false positive b/c poppy seeds are opiates. The person must consume a large amount for it and within a certain amount of time before the test to be positive. If this person had been positive for just opiates the Medical Review Officer (MRO) would have questioned the person about food and drink.

 

[Jaxywho]

Not even close!

Actually it is exactly that...the chain of custody was broken! The chain of custody requires that the donor be present until the bag is sealed. The donor is supposed to sign the form ONLY AFTER the sample bottle has been sealed in their presence. It seems the person knew the procedure was not being done correctly at the time. What he/she should have done was brought that to the attention of the collector and refused to sign the form until the specimen was sealed.

I do have one question....if the specimen was not sealed in the person's presence then how did their initials get on the bottle seal? The lab will not accept a sample without an initialed seal.

I am not accusing anyone because I don't know this person but I will say I have been a DOT certified drug screen collector for over 20 years. I have heard every excuse in the book! I have believed some of them and then they either admit it later on or test positive again at a later date. Never in my career has anyone had a "false positive". Keep in mind if this is a DOT certified lab they do not test at low levels that would pick up some things like energy drinks, herbs, cold meds etc. These things would be ruled out at a higher level.

Unfortunately this person is out of luck but may have learned a valuable lesson. Never sign off on a drug screen until the bottle is sealed in your presence!

 

[OHRoadwarrior]

You should request the second sample (backup sample) be tested. Failing a drug screen can severely inhibit your ability to obtain another position.

 

[davidmcbeth3]

I think "the person" is out of luck. If you go for the counseling as suggested you may get your job back.

It came back positive for cocaine ... so if he can do a hair analysis & it shows no coke then he may have a case against the laboratory.

And I don't see that further proof would be needed -- the lab results showed a felony substance was in his system, he lost a job because of it. Zip bap,, cause of action.

Unless labs are exempt from a civil suit, I don't think they are.

Go see an attny ... I don't see a case against the employer, only the lab

 

[Jaxywho]

Why would their be a case against anyone? The "person" has no proof anything was mishandled! It is the person's word against the lab and the lab will win because the person signed the form which are all univerasal and are required to have the following statement or something similar "I acknowledge that the specimen container(s) was/were sealed with tamper-proof seal(s) in my presence". Even if the hair test is negative the person still will not get their job back because the Federal Department of Transportation does no recognize it as a realiable way to test. I think your best shot at proving your test is negative and getting your job back is to have the split specimen (second spec) tested. If it was a DOT test they are required to collect two specs. Contact the MRO and ask them to test the split specimen. I think they have to keep all split specs that were initially positive for a year.

Also, keep in mind with hair testing that you are opening yourself up if you have taken any narcotic medications in about the past three months you may have to show you have a prescription. If you took uncle bobs tylenol 3 one day because you had a bad headache, you are still positive but now for something else!

Good Luck!

 

[free4all]

To OHRoadwarrior

You should request the second sample (backup sample) be tested. Failing a drug screen can severely inhibit your ability to obtain another position.

OHRoadwarrior:

Right now, he is waiting for the results to come back from the 2nd test. So he's in a hold pattern until then.