NEED HELP ASAP OBSERVED PRE-EMPLOYEMENT

[momo1313]

I'm going in to take my test in roughly 5 hours. Last time I was observed, or at least had a guy in the room with me. Also there were two mirrors in the corner by the toilet. From what I've read this is illegal by DHHS regulations, (is the only alternative to this watching direct flow or does he have to kick rocks if I make a fuss, I don't want to seem shady by bringing up legalities of drug testing for a stupid pre-employement test). Does this matter if the company that does testing is certified to do govt./fed drug testing, company is Sterling Reference Labs in Puyallup, WA. Also, how do I get that prick out of the bathroom without throughing up red flags something fishy is up. I claimed shy-bladder syndrome for first three attempts a week ago, I've been clean for 4 full days and will hopefully be going in with an option to sub and am following the dilution sticky. THIS IS FUCKED, OBSERVED PRE-EMPLOYEMENT TEST, what are my options, I need someone that knows there shit here. Thanks in advance guys.

[killerweed420]

Its a real bastard when you need a job and have to put up with this kind of crap isn't it?
He can't observe unless he has reasonable suspicion that you're cheating. Its a tough choice. If it was me I would just go in and make like you're trying to pee and just tell him you can't pee with a homosexual in the room.

[Burnt Toast]

I don't want to seem shady by bringing up legalities of drug testing for a stupid pre-employement test). How can standing up for your rights be shady? For all they know, you could be completely drug-free (ie never touched a drug in your life) and yet youre being victimized in such a manner. Dont ever be afraid to exercise your rights. EVER!



Also, how do I get that prick out of the bathroom without throughing up red flags something fishy is up. Theres nothing fishy about standing up for your rights. You simply inform the "prick" that unless theres legitimate cause, he is violating DHHS regs and your rights. If that doesnt faze him, get his name, the name of the collector, the name of facility and the name of the facilitys operator and contact your States Attorneys Office. Let the SAO know that theres also mirrors in the bathroom and you wish to file voyuerism charges (if possible, have a camera phone ready and take pics of the scene). In addition to criminal charges being brought against the facility, an aggrieved donor can also be entitled to civil damages as well.

Here are actual regulations pertaining to observed collections. Bookmark and print them:


A urine specimen collection site must:

1. Provide for donor privacy while he or she provides the urine specimen. An observed collection must only be performed when required (see Chapter 7, Section D). The following facilities provide adequate privacy for urine collections:

§ A single-toilet restroom with a full-length door,
§ A multi-stall restroom with partial-length doors, or
§ A mobile restroom (e.g., a vehicle with an enclosed toilet stall).



And


D. Direct Observed Collection

A direct observed collection procedure may only be used when:

1. A Federal agency has authorized a direct observed collection because a donorâ??s previous drug test result was reported by an MRO as drug positive, negative and dilute, adulterated, substituted, or invalid, or

2. An immediate collection of a second urine specimen is required in one of the following situations:

- The temperature of the specimen collected during a routine collection is outside the acceptable temperature range.

- There is an indication that the donor has tampered with the specimen (e.g., abnormal physical characteristic such as unusual color, excessive foaming when shaken, unusual odor).

- The donor has intentionally brought to the collection site an item that could be used to:
Adulterate (e.g., a small vial containing a suspicious liquid),
Substitute (e.g., a small vial containing water or other liquid), or
Dilute a urine specimen.

Before conducting a direct observed collection, the collector must make the agency representative aware that a situation exists warranting a direct observed collection and explain to the donor why a direct observed collection is being conducted. If the donor declines to allow a direct observed collection when one of the above circumstances has occurred, it is considered a refusal to test (see Chapter 8, Section B).

The procedure for a direct observed collection is the same as that for a routine collection except an observer watches the donor urinate into the collection container. At the point in a routine collection where the donor enters the restroom with the collection container (see Section C, Step 10), a direct observed collection includes the following additional steps:

§ The observer must be the same gender as the donor. There are no exceptions to this requirement. The individual serving as the direct observer enters the restroom with the donor.

§ The observer must directly watch the urine go from the donorâ??s body into the collection container. The use of mirrors or video cameras is not permitted.

§ With regard to chain of custody, the observer must never touch or handle the collection container unless the observer is also serving as the collector.

The collector may serve as the observer when the collector is the same gender as the donor. If not, the collector must call upon another individual (who is the same gender as the donor) to act as the observer.
§ After the donor has completed urinating into the collection container:

- The donor and observer leave the restroom and the donor hands the collection container directly to the collector,

- The observer must maintain visual contact of the collection container until the donor hands the container to the collector, and

- If the same individual serves as direct observer and collector, he or she may receive the collection container from the donor while they are both in the restroom.
§ The collector checks the box for an observed collection in Step 2 on the Federal CCF, and provides the name of the observer and the reason for an observed collection on the "Remarks" line in Step 2 of the Federal CCF. A separate sheet explaining the use of an observed collection may be attached to the Federal CCF if there is insufficient room on the â??Remarksâ?� line.

Source:
Drug Testing (http://www.workplace.samhsa.gov/DrugTesting/DTesting.aspx)

and

Drug Testing: HHS Urine Specimen Collection Handbook (Effective November 1, 2004) (http://www.workplace.samhsa.gov/DrugTesting/Level_1_Pages/HHS%20Urine%20Specimen%20Collection%20Handbook%20( Effective%20November%201,%202004).aspx)

As the old salt goes: Knowledge equals power. Know your rights and dont ever be afraid to exercise them. You are merely taking a drug test for a job. You are not a criminal with no rights and should not be treated as such :thumbsup: