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What can I do to protect myself in this case?


Question:
had to take a pre employment test today to get a job as a truck driver. I have been familiar with tests and failed one last fall, hence I lost the job. I am now clean, I haven't smoked a joint in 18 days, since I have low body weight it should be enough. The testing place took a split screen sample to send to the lab for DOT testing. This result will be back friday 8/23. The employer had asked for an instant test also so that he could put me to work immediately. I watched as the testing person put a 5 panel card into the sample testing for coc, thc, opiate, meth and one other (i forget). Anyway after 5 minutes the card said I was positive for meth, opiate and thc which was bull****. The tester said "well give it 5 more minutes" after which the opiate and thc came back negative but the meth read positive!! I haven't done that drug in over 10 years. If anything the thc would have been positive. So I failed the test. I told the employer that this was absolutely not right and he agreed to wait until the lab report comes back on friday. What can I do to protect myself in this case?


Answer:
The "instant" test you took was most likely a screening test, which are developed to be very sensitive although not usually very specific. IOW, it should pick up all positives and some false positives. I have personaly seen these test positive for cocaine in 86 yr old nursing home patients. The sample that was sent for testing will most likely come back negative.

As for what you can do to protect yourself, you could go to another laboratory and have an independent test done. However, the employer may not accept the results from another laboratory. Unfortunately, due to insurance and potential lawsuits very few employers will look beyond a positive result.


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