How to Dispute a False Positive Drug Test Result
Learn how to address inaccurate drug test results by understanding common causes, proper procedures, and your rights during the dispute process.
A false positive drug test can carry significant weight, potentially leading to job loss or legal issues. While modern testing is generally reliable, errors can happen, placing individuals in the difficult position of challenging a flawed result.
Understanding how to respond effectively is crucial. This guide outlines steps to take when facing a false positive drug test.
Lab Errors and Protocol Violations
Drug testing laboratories aim for accuracy, but errors within the lab itself can lead to false positives. These mistakes differ from issues like prescription medication interference and relate directly to how specimens are handled and analyzed. Samples can be mislabeled upon arrival or accidentally swapped during processing, assigning a positive result to the wrong person. Contamination is another risk; improperly cleaned equipment or technician error could allow trace amounts from a positive sample to affect a clean one.
Procedural failures and equipment problems can also undermine results. Laboratories must follow strict protocols for calibrating testing instruments. Poorly calibrated machines might misidentify substances or incorrectly flag levels below the established threshold as positive. Using expired chemicals can also produce unreliable outcomes. Human error during interpretation, such as misreading data or applying incorrect cutoffs, represents another potential failure point.
To minimize these issues, regulatory bodies establish standardized procedures. The Substance Abuse and Mental Health Services Administration (SAMHSA), for example, sets guidelines for federal workplace drug testing, covering lab certification, specimen handling, cutoff levels, and quality control.1Substance Abuse and Mental Health Services Administration. Mandatory Guidelines for Federal Workplace Drug Testing Programs Many non-federal labs adopt these standards. Additionally, the Clinical Laboratory Improvement Amendments (CLIA) establish federal quality standards for most human specimen testing, covering personnel qualifications, quality control, and assurance systems.2Centers for Medicare & Medicaid Services. Clinical Laboratory Improvement Amendments (CLIA) Significant deviations from these established protocols can compromise test integrity and may form the basis for challenging a result linked to lab operations.
Medical or Prescription Conflicts
A positive drug test does not always mean illicit drug use. Legitimate prescription or over-the-counter medications can sometimes interfere with tests, a phenomenon called cross-reactivity. This occurs when a medication’s chemical structure resembles that of an illicit drug, causing an initial screening test to mistakenly identify it. For instance, some decongestants might trigger false positives for amphetamines, certain antidepressants for benzodiazepines, and even poppy seeds for opiates.
In regulated testing environments, a positive screening result typically triggers a review by a Medical Review Officer (MRO) before being reported as a violation. An MRO is a licensed physician trained in substance abuse pharmacology and drug testing regulations.3U.S. Department of Transportation. Medical Review Officer (MRO) They act as an independent reviewer, examining lab findings alongside the individual’s medical history to see if a legitimate explanation exists.
The MRO contacts the individual who provided the sample to discuss the positive finding and inquire about any medications being taken. This confidential conversation is the opportunity for the individual to disclose relevant prescriptions.
If a medical explanation is offered, the MRO verifies it, often by contacting the prescribing doctor or pharmacy. Individuals usually have a set timeframe, often five business days, to provide supporting documentation. If the MRO confirms a valid medical reason accounts for the substance detected, the final test result is reported as negative to the employer. If no valid explanation is verified, the MRO reports the test as positive.
Steps to Request a Retest
Individuals notified by an MRO of a verified positive result often have the right to request a retest, particularly under federally regulated programs like those overseen by the Department of Transportation (DOT). DOT regulations, specifically in 49 CFR Part 40, give an employee 72 hours from MRO notification to request a test of the split specimen.4U.S. Department of Transportation. 49 CFR § 40.171 How Does an Employee Request a Test of a Split Specimen? This request is made directly to the MRO. Missing this deadline can forfeit the right, though exceptions may be made for documented unavoidable circumstances.
This retest uses the split portion (often called the “B bottle”) of the original sample collected. During the initial collection, the specimen is typically divided into two containers (Bottle A and Bottle B). Bottle A undergoes initial testing. Bottle B is sealed and stored. Testing Bottle B ensures the analysis examines the same sample that produced the initial result, eliminating variables from a new collection.
Upon a timely request, the MRO directs the original laboratory (Lab A) to send the split specimen (Bottle B) to a second, different HHS-certified laboratory (Lab B).5U.S. Department of Transportation. 49 CFR § 40.175 What Is the Role of the Second Laboratory in Testing a Split Specimen? This ensures the second lab meets similar quality standards. Lab A securely ships Bottle B to Lab B, maintaining chain of custody documentation.
The cost of the retest is typically addressed by employer policy or collective bargaining agreements, as outlined in DOT regulations (49 CFR 40.173).6U.S. Department of Transportation. 49 CFR § 40.173 Who Is Responsible for Paying for the Test of a Split Specimen? Employers often require the employee to pay upfront. However, if the retest fails to confirm the original result (Bottle B tests negative), the employer must usually reimburse the employee. An inability to pay should not prevent the MRO from processing a timely request.
The second laboratory analyzes Bottle B specifically for the substance or condition identified in Bottle A. If Lab B fails to reconfirm Lab A’s findings, the MRO cancels the original test and reports it as negative. If Lab B reconfirms the result, the initial positive finding stands.
Chain of Custody Documentation
The reliability of a drug test depends heavily on meticulous documentation known as the chain of custody. This process creates a chronological record tracking the specimen from collection to final analysis. Federal guidelines, like those from SAMHSA and the DOT (in 49 CFR Part 40), mandate these procedures to ensure specimen identity and security. The primary tool is the multi-part federal Drug Testing Custody and Control Form (CCF).7U.S. Department of Transportation. 49 CFR § 40.45 What Form Is Used for a Urine Collection?
Proper execution of the CCF is crucial. It documents every transfer, starting at the collection site where identifying information is recorded, the container is sealed with tamper-evident tape, and transfer to the courier is noted. Everyone handling the specimen—collectors, couriers, lab staff—must sign and date the form. Laboratories use internal tracking for the sample during testing. Both paper and secure electronic CCFs are used.
For someone challenging a result, the chain of custody record is vital for identifying errors. A correct chain provides assurance the tested specimen was the one provided and was not compromised. Irregularities, such as missing signatures, mismatched ID numbers, broken seals without explanation, or unexplained time gaps, raise serious questions about the result’s validity.
Discovering a significant flaw in the chain of custody can be grounds for challenging a positive result. While minor omissions might be correctable, major breaches (“fatal flaws” like an unexplained broken seal or ID mismatch) generally require the MRO to cancel the test, according to regulations like 49 CFR 40.203.8U.S. Department of Transportation. 49 CFR § 40.203 What Flaws Require an MRO to Cancel a Test? Carefully reviewing the CCF provided at collection is therefore an important step when questioning a drug test finding.
Filing a Formal Dispute
If discussions with the MRO or a retest do not resolve a suspected false positive, filing a formal dispute with the employer or entity that required the test is often the next step. The process for this is usually detailed in the organization’s drug and alcohol testing policy. This policy should specify who to contact, the required format, and deadlines.
Initiating a formal dispute typically involves submitting a written statement to a designated contact, such as Human Resources or a compliance officer. This document should clearly state the belief that the result is incorrect and outline the reasons, potentially referencing procedural errors (distinct from chain of custody issues detailed previously), unresolved medication issues, or other relevant factors. Attaching supporting documents can strengthen the case. Adhering to the timelines and procedures in the policy or applicable regulations is critical.
Once submitted, the employer reviews the dispute. This involves examining the individual’s information alongside documentation from the collection site, lab, and MRO. The reviewer assesses whether established policies and procedures were followed correctly. They may consult the MRO or lab if technical questions arise. The goal is to determine if the evidence presented casts sufficient doubt on the validity of the positive result.
Following the review, the entity issues a formal written decision. If the dispute is upheld, the positive result may be cancelled, potentially leading to reinstatement or removal of disciplinary actions. If denied, the original result and consequences usually remain. Further appeal options may exist, depending on company policy, collective bargaining agreements, or specific regulatory frameworks.
Consulting Legal Representation
When internal dispute processes fail or the consequences of a false positive are severe, seeking legal advice may be necessary. An attorney specializing in employment law can review the specifics of the test, including collection, analysis, MRO review, and employer actions, to determine if legal rights were violated. This involves checking adherence to applicable standards and legal requirements, such as federal regulations or state laws.
Potential legal action often depends on demonstrating a procedural failure that caused tangible harm, like wrongful termination or reputational damage. Laboratories owe a duty of care; negligence claims might arise if a lab failed to follow procedures or mishandled a specimen, breaching standards set by bodies like SAMHSA or CLIA. Employers could face liability for acting improperly on a result, such as failing to follow their own policies or regulations, potentially leading to wrongful termination claims.
Defamation could be another legal avenue if an employer publicizes a false positive result maliciously or with reckless disregard for the truth. Privacy rights or discrimination issues might also arise. While laws like the Americans with Disabilities Act (ADA) generally don’t protect current illegal drug users, they do protect employees lawfully taking prescribed medications for a disability, even if those cause a related positive test. EEOC guidance suggests employers should allow explanations for lawful drug use and consider accommodations, rather than taking automatic adverse action.9U.S. Equal Employment Opportunity Commission. ADA: Disability-Related Inquiries and Medical Examinations (Drug Testing Section) An attorney can assess if these or other rights, possibly under the Fair Credit Reporting Act (FCRA) concerning reports used for adverse actions, were violated.10Federal Trade Commission. Background Checks: What Job Applicants and Employees Should Know
Consulting a lawyer provides a professional assessment of the situation and legal options. An attorney can explain relevant laws, the strength of potential claims, possible damages (like lost wages or emotional distress), and the steps involved in pursuing legal action, such as filing a lawsuit or engaging with administrative agencies. Given the complexity of drug testing and employment law, tailored legal advice is often crucial for effectively navigating the aftermath of a contested false positive result.
