Question:
Recently I had a false-positive drug test. Now I'm told I must be
evaluated by a "substance counselor" in order to return to work .
Can anyone comment on what I should expect?
Answer:
This probably won't help you much, but might help others who read this.
Drug testing is VERY accurate today! While the standard immunoassay test is
not overly reliable, the gas chromatograph test that is performed on any
"positive" immunoassay test is EXTREMELY accurate. If you received a false
positive, it is more than likely due to some other legal drug or food that
you ingested prior to testing that can simulate a positive for one of the
tested substances. Much more likely than that though, is that your sample
was contaminated, or completely mixed up, during testing. As I said, the
tests are VERY accurate, but they are still performed by people who make
mistakes!
I would definitely get a lawyer involved if you are absolutely sure that
this was indeed a false-positive! Perhaps this testing lab has a
track-record of mishandling samples or improper maintenance on their
equipment.
Also, if it happened to be marijuana that you tested positive for, go get
another test right away if it hasn't been more than a few weeks. THC is fat
soluble and stays in your system FAR longer than the water soluble drugs
like cocaine, speed, etc. Even a negative test two weeks after a positive
one might have SOME bearing. Make sure they do a gas chromatograph on the
sample though. They cut off level for a positive on the immunoassay is
50ng/ltr. The gas chromatograph can detect THC down to about 2ng/ltr. If you
can show a test that has ZERO parts THC just 2-3 weeks after a test where
you supposedly had 50ng, I would think that this could show the first test
to be invalid. If it wasn't THC that you failed though, you are out of luck
:-(
I am not sure how often a driver gets tested, but when I worked in aviation,
I ALWAYS went and got another test from a different lab on the same day that
I had to take a random. This only occurred about once a year, so the expense
was not overwhelming. I am not sure if a driver would be able to do this
though, if he is being tested on the road. One option might be to carry a
home immunoassay kit which costs about $35.00. I guess you could video tape
yourself taking the test, camera running all the time of course so no
editing can be suspected. You would have to make sure you videotape a store
which has the daily newspaper on display to set the date also. If you had a
continuous video of the entire test (it only takes 5 minutes for the
result), it seems to me it would at least give you some "reasonable doubt"
as to the validity of a test that came up with a false-positive on the same
day.
It is really a shame that we have to subject ourselves to such things and go
to such precaution just to try and prevent a career ending foul-up! I really
wouldn't have a problem with drug testing if the test could actually detect
if you were under the influence of a drug AT THE TIME of the test.
Unfortunately though, the tests do not detect the presence of drugs, but
rather the by-product of those drugs after they are metabolized. I certainly
believe an employer has the right to make sure an employee is not under the
influence of a drug which could negatively impact his job performance, but
they certainly should not have the right to check-up on what that employee
is doing on their free time. Even if they COULD check for drug levels at the
time of testing, I still think an employer should have to have "reasonable
cause" to have their employee submit to such an invasive procedure.
