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From: g woodall
Password: orange
Date: 22 Dec 2007
Time: 12:26:39 -0800
Remote Name: 71.233.246.147
There is not enough detail in your question for a definitive answer, but the following may allow you to arrive at the answer. Regardless of the form used, drug screening/testing that is performed to satisfy a federal regulation (including additional testing permitted but not required under such regulation for an otherwise regulated employee, e.g. additional random tests), or that is performed on a federal employee on behalf of the government, is "federally regulated testing" subject to the governing federal regulations and standards. Except where state or local laws have stipulated some other requirements or standards, all other testing is "non-regulated" and subject only to whatever rules and standards the entities involved in the testing are willing to defend if legally challenged. Obviously it is easier to defend a look-alike test, i.e., one that appears to follow procedures used by the established, federal programs. It is improper and "not-allowed" under federal regulations to use the federal custody control forms for non-regulated testing; however, the use of federal forms for non-federal testing, or vice versa, does not in itself invalidate the result of such tests. The 'authority' is probably more a jurisdiction question and with challenge this is probably a local civil matter which can be heard in just about any court or arbitration proceeding - which in turn should decide the standard against which to be held, i.e. federal or non-federal, based on the circumstance / purpose of testing. Often any error, even if insignificant from a validity view (e.g., use of the "wrong" form) is used to create obfuscation to derail proceedings.