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From: Dr. Steve
Password: orange
Date: 27 Dec 2007
Time: 11:27:12 -0800
Remote Name: 74.10.7.238
I agree with the statements by Dr. Swotinsky and your posts as well. The most obvious explanation would be tampering, however, as Dr. Swotinsky stated... "The federal drug testing rules, which are well thought out and many consider the gold standard, set no penalty for producing a cold specimen other than the immediate retest under direct observation. If an employer chooses to penalize employees for producing cold specimens, the employer is going out on a limb and, if challenged, may be unable to defend itself." You and your company would be going out on a limb, and perhaps would be challenged in a legal proceeding where these types of points will be brought up. Clearly it is up to you and your company how you would like to proceed at this point. It is best to have this in mind when you decide the course of action you are willing to pursue. It is a tough question and decision, and we might not have all the perfect answers for you. And as stated in this forum many times, except where state or local laws have stipulated some other requirements or standards, much of “non-regulated” testing is subject only to whatever rules and standards the entities involved in the testing are willing to defend if legally challenged.