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Celeste NP
Celeste NP, Nurse Practitioner
Category: Health
Satisfied Customers: 1002
Experience:  Family Practice with emphasis in Women's Health, Forensics, Urgent Care, for 14 years.
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I am a company nurse at a large manufacturing company, in the

Customer Question

I am a company nurse at a large manufacturing company, in the state of Arkansas. my question is is it legal to monitor a drug screen. Having a male monitor a male or a female monitor a female. There is alot of applicants bringing in urine. So I was wondering if it was legal to monitor it.
Submitted: 6 years ago.
Category: Health
Expert:  Celeste NP replied 6 years ago.

Yes, it is "legal" to do that if that is written in your company policy on how you collect a urine drug screen.

 

Either as an employment screening or random drug screens, the employee needs to be made aware of that policy and sign a form saying that they are made aware of the policy and agree to comply to submitting to the tests.

 

So this is company specific really on how to collect the urine. They should not be allowed to bring in their urine, that would NOT be a good practice.

 

This can be a little confusing with a urine drug screen that is being used to incriminate someone in a court of law. Those procedures and chain of custody are stricter and of a different legal nature.

 

Expert:  Celeste NP replied 6 years ago.

Yes, it is "legal" to do that if that is written in your company policy on how you collect a urine drug screen.

 

Either as an employment screening or random drug screens, the employee needs to be made aware of that policy and sign a form saying that they are made aware of the policy and agree to comply to submitting to the tests.

 

So this is company specific really on how to collect the urine. They should not be allowed to bring in their urine, that would NOT be a good practice.

 

This can be a little confusing with a urine drug screen that is being used to incriminate someone in a court of law. Those procedures and chain of custody are stricter and of a different legal nature.

 

Celeste NP, Nurse Practitioner
Category: Health
Satisfied Customers: 1002
Experience: Family Practice with emphasis in Women's Health, Forensics, Urgent Care, for 14 years.
Celeste NP and 4 other Health Specialists are ready to help you
Customer: replied 6 years ago.
We do have a drug testing consent form, that they sign and also a form that the nurse signs and confirms the results of the test. These are preemployment screens. The reason I want to monitor it is because I suspect they are concealing urine in order to pass employment drug screen. the plumber can into factory and there was multiple condoms , some still filled with urine that had been flushed. We also found some thrown outside the building. Obvious that the are bring in urine. I just wanted to make sure that it was legal to have someone watch while the applicant gave the sample (they sign a realease first) in the state of arkansas.
Customer: replied 6 years ago.
We do have a drug testing consent form, that they sign and also a form that the nurse signs and confirms the results of the test.  These are preemployment screens.  The reason I want to monitor it is because I suspect they are concealing urine in order to pass employment drug screen.  the plumber can into factory and there was multiple condoms , some still filled with urine that had been flushed.  We also found some thrown outside the building.  Obvious that the are bring in urine.  I just wanted to make sure that it was legal to have someone watch while the applicant gave the sample (they sign a realease first) in the state of arkansas.
Expert:  Celeste NP replied 6 years ago.

I understand. One way so that you will not have to be "present" while they are urinating is to have an area without a sink, color the water blue so they can't "DIP" toilet water, get urine cups that have a temperature reading on them, make them empty out pockets and no purses when entering the bathroom.

 

You would need to be sure to include in the policy that they will be observed while giving the urine sample for a drug screening test. If they consent to that then there is no legal issue. If they don't then you can also state that employment may not be offered, if they do not comply with the procedure.

 

You would have to have the same procedure for everyone or they could holler discrimination!

Expert:  Family Physician replied 6 years ago.
I would respectfully XXXXX XXXXX the answer "Yes it is legal..." answer from the other expert.

The expert who answer you and I are not attorneys, and I would urge you to consult with an employment attorney before you assume that this is in fact legal.

As a medical review officer (a physician trained and certified in the interpretation of drug test) familiar with drug testing and forensic urine collection procedures, I can assure you that this is NOT a common or generally accepted procedure for someone of the opposite site to directly observe a urine collection.

There is a difference between being the "collector" and someone who performs a direct observed urine collection. Under the DOT regulations anyone who directly observes a urine collection (only done under certain circumstances) must be of the same sex. (See Section 8 on page 20 of the document)
www.dot.gov/ost/dapc/testingpubs/200612_urine_guidelines.pdf

The DOT drug testing program is the largest and most highly litigated drug testing program in the USA. For this reason, these collection procedures have become the defacto industry standard. Deviation from these collection procedures would be potentially lead to legal problems. This could be considered a type of sexual harassment, discrimination or unfair labor practice.

As a MRO - I always insist that directly observed urine collections be observed by someone of the same sex.

I urge you to consult with an attorney before you continue directly observing urine collections from donors of the opposite sex.
Customer: replied 6 years ago.
The observation would be done by the same sex
Expert:  Family Physician replied 6 years ago.
I'm sorry, I misunderstood. I thought you were observing both men and women. Direct observed drug tests are common (and used in the DOT drug testing program)

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