Warm specimen neg, cold specimen pos

Warm specimen neg, cold specimen pos

Postby aej9 » Fri Jul 30, 2010 2:38 pm

Recently an employee was sent for a drug test after it was suspected he may have been under the influence of drugs. At the testing site the employee provides an observed urine sample, which is deemed to have a temperature that is out of range. He then produces a second sample with the correct temperature.

The lab then submits both samples and the results are that the cold sample is positive and the warm sample is negative.

The employee is then fired for a positive test.

Is this legal?
aej9
 

Re: Warm specimen neg, cold specimen pos

Postby Robert Swotinsky MD » Fri Jul 30, 2010 2:55 pm

This discussion board can't answer your question, "Is this legal," because employment laws vary by state and there may be collective bargaining agreement or contractual issues that apply. If you want to be assure that this is or is not legal, please consult with an attorney.

Presumably the donor signed a chain of custody form on which the donor indicated, both times, that the specimen was his/hers. So, either the cold specimen was his/hers, or the donor substituted the specimen (i.e., tampered with the test). Either way doesn't much help the donor's position, assuming the donor is trying to argue that the cold specimen/positive result doesn't count.
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Re: Warm specimen neg, cold specimen pos

Postby aej9 » Fri Jul 30, 2010 3:31 pm

Good answer. Thank you!
aej9
 

Re: Warm specimen neg, cold specimen pos

Postby MaxwellEdison » Fri Jul 30, 2010 3:38 pm

aej9 wrote:At the testing site the employee provides an observed urine sample, which is deemed to have a temperature that is out of range.


Excuse me, but could you elaborate a bit? How does an observed collection produce a cold sample?
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Re: Warm specimen neg, cold specimen pos

Postby DrSteve » Fri Jul 30, 2010 4:44 pm

MaxwellEdison wrote:
aej9 wrote:At the testing site the employee provides an observed urine sample, which is deemed to have a temperature that is out of range.


Excuse me, but could you elaborate a bit? How does an observed collection produce a cold sample?



He never said it was observed well! Many observed collections are not really observed very well.
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