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.
- Answered by: Andrew David Easler, Esq.
- Published: 06/27/2023
- Updated: 06/27/2023
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