A truck driver was subjected to a random drug test and tested positive for marij

Question

A truck driver was subjected to a random drug test and tested positive for marijuana use. After a confirmatory test verified the initial result, the driver was terminated. He denied having ever used marijuana. The driver passed a hair follicle test performed by an independent laboratory eighty-four days after the employer’s urine test, The hair follicle test is aimed at identifying persons who persistently use drugs over time. The driver also pointed to problems with the employer’s drug-testing procedures. Specifically, the drug test was administered by a supervisor despite the availability of non-supervisory employees; the container had been removed from the sealed kit before the driver arrived to be tested; the driver was not instructed to wash his hands at the proper times; access to the collection site for the specimen was not restricted; and the collection container was not kept in full view of the driver during the time between when the specimen was produced and the container was sealed. Did the employer fail to comply with the drug-testing procedures required by the Department of Transportation? If so, was it negligent in how it conducted the drug testing? Why or why not?

Explanation / Answer

According to the laws formulated by Food and drug administration in US its clearly stated that as per the law all the equipments and the testing materials has to be availaible for testing purpose to be done on individual here in the above case the conserned person did not do the testing and all the test were not done. The regulatory authority norms were not followed which resulted into not doing the thorough analysis.Yes the employer failed to comply with the drug testing procedures required by the department of transportation. Their was a casual approach and sheer negligence while conducting the drug test. Yes they were negligence in conducting the drug testing because of several loopholes were found while doing the testing of the driver/culprit.

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