IS THERE ANY DRUG TESTING LAWS

[PurpleJollyRancher]

how many times can the clinic test you for instance if one test was diluted then you gave them another diluted test????? I heard there was laws to drug testing anyone heard of that??
thanks

PurpleJollyRancher Reviewed by PurpleJollyRancher on 12-20-2006. IS THERE ANY DRUG TESTING LAWS how many times can the clinic test you for instance if one test was diluted then you gave them another diluted test????? I heard there was laws to drug testing anyone heard of that?? thanks Rating: 5

[FakeBoobsRule]

As far as I know they aren't even required to give you one retest at all. It is up to the employer, not the clinic.

[Burnt Toast]

Boobs is right. Its the employer who decides what action to take upon recieving the U/A result.
However, there are, at the very least, state labor laws that dictate how an employer handles a diluted test result. The laws state that a diluted sample is not a fail, and an employer cannot discharge an existing employee for providing samples that are too dilute. A retest must be given in such circumstances.
There are reasons why a law like this is in place, chief reason being that diluted samples don't always happen because a donor is trying to fool the test. This is especially true for those who work an 8 hr day outdoors, in which one must stay hydrated, particularly in the summer. In fact, its an OSHA requirement for construction sites to provide water kegs on the job and keep the workers hydrated.

In pre-employment situations though, one doesnt exactly share the same rights as those afforded to existing employees. Most employers will give an applicant two chances at providing a suitable sample, before moving on to the next applicant (without a word in many cases).

[Burnt Toast]

I may also add that employers who conduct DOT testing, also have guidelines to follow when dealing with diluted samples and retests. Below is extracted from the actual guidelines set by DOT

§ 40.197 What happens when an employer receives a report of a dilute specimen?

(a) As the employer, if the MRO informs you that a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact that the specimen was dilute.

(b) As an employer, if the MRO informs you that a negative test was dilute, take the following action:
(1) If the MRO directs you to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL (see §40.155(c)), you must do so immediately.
(2) Otherwise (i.e., if the creatinine concentration of the dilute specimen is greater than 5 mg/dL), you may, but are not required to, direct the employee to take another test immediately.
(i) Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see §40.67 (b) and (c)).
(ii) You must treat all employees the same for this purpose. For example, you must not retest some employees and not others. You may, however, establish different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in random test situations). You must inform your employees in advance of your decisions on these matters.

(c) The following provisions apply to all tests you direct an employee to take under paragraph '(b)' of this section:
(1) You must ensure that the employee is given the minimum possible advance notice that he or she must go to the collection site;
(2) You must treat the result of the test you directed the employee to take under paragraph (b) of this sectionâ??and not a prior testâ??as the test result of record, on which you rely for purposes of this part;
(3) If the result of the test you directed the employee to take under paragraph (b) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute. Provided, however, that if the MRO directs you to conduct a recollection under direct observation under paragraph (b)(1) of this section, you must immediately do so.
(4) If the employee declines to take a test you directed him or her to take under paragraph (b) of this section, the employee has refused the test for purposes of this part and DOT agency regulations.

[68 FR 31626, May 28, 2003; 69 FR 64867, Nov.9, 2004]

The rest of the DOT guidelines are found at http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html?proc