Can Non-DOT Drug Tests Be Challenged Or Disputed?

Yes, NON-DOT drug tests can be challenged or disputed, though the specific processes for doing so can vary widely depending on the policies of the organization that conducted the test.

After a positive (non-negative) initial screening test, the sample typically undergoes a confirmation test using a different, more sensitive, specific testing method. This ensures the positive result wasn't due to a false positive from the initial screening test.

If a confirmation test also returns positive (non-negative), the results are reviewed by a Medical Review Officer (MRO), a licensed physician with expertise in substance abuse disorders and drug testing. The MRO will usually contact the individual to discuss the results and to allow them to provide any information which might explain the positive result, such as a valid prescription for a medication.

If the MRO determines that no valid medical explanation exists for the positive result, the test is reported as a verified positive. At this point, the individual may have the right to challenge the result. The specifics of how to do this can depend on the policies of the organization and local laws and regulations but might include requesting a retest of the original sample or independent analysis of the split specimen if one was collected.

In all cases, it's crucial that the entire testing process, from sample collection to result reporting, is done in accordance with best practices and established protocols to ensure accuracy, fairness, and respect for the individual's rights. Any deviations from these protocols may provide grounds for a challenge or dispute of the test results and could even lead to an employee suing for discrimination.

logo

We are an education company, not a law firm. While Attorney Trusted and reviewed, regulations may have changed since publication. The content is for general informational purposes only and is not legal advice. We make no guarantees about its accuracy or applicability. Always consult a qualified attorney for specific legal counsel.

Read more FAQ...

How Do I Cancel an Invite As a Manager?

view

How Do I Invite a User To Take a Course As a Manager?

view

How Do I Re-Invite a User As a Manager?

view

Adding Additional Course Credits To a Subscription

view

Workplace Drug Testing Laws For Alabama

view

Related courses

Mock Collections for DOT Breath Alcohol Technicians (BAT)

$700.00

DOT Oral Fluid Collector Train-the-Trainer

$2,000.00

Non-DOT Hair Collector Basic Proficiency Training

$200.00

Non-DOT Urine Specimen Collection Initial Proficiency Training

$350.00

DOT Breath Alcohol Technician Basic Proficiency Training

$350.00

DOT Urine Specimen Collector Basic Proficiency Training

$350.00

DOT Oral Fluid Collector Training

$690.00

FAA Reasonable Suspicion Training for Supervisors

$55.00

Non-DOT Urine Specimen Collector Train-the-Trainer

$2,000.00

DOT Urine Specimen Collector Error Correction Training

$490.00

DOT Saliva Alcohol Testing Training for Alco Screen 02

$690.00

DOT Alcohol Screening Test Technician Training (STT)

$690.00