Some Instances of
“Refusal to Test” Drug Test Results to be
Reconsidered
[Posted 9/12/07]
The Office of Drug and
Alcohol Policy and Compliance (ODAPC) is taking
action to rectify what may be a mischaracterization
of some test results as being substituted specimens.
In appropriate cases, ODAPC will reconsider the
employee’s original refusal result when reported
from September 1998 through May 2003, and based upon
a
“substitution”
finding in a given numerical range. The cause of
this possible mischaracterization is as follows:
Before May 28, 2003,
specimens with creatinine concentrations greater
than or equal to 2 mg/dL but less than or equal to
5 mg/dL combined with a specific gravity
less than or equal to 1.001 or greater than or
equal to 1.020 were considered to be substituted
urine samples and therefore reported by the MRO as
refusals to test.
On May 28, 2003, an
interim final rule change required that any test
results meeting these criteria would no longer be
considered refusals to tests, but would warrant
re-collections under direct observation. This
change occurred because the US Department of
Transportation (DOT) became aware that a small
number of people could naturally produce specimens
with creatinine within the 2 to 5 mg/dL range.
Substituted results
with creatinine in the 2 to 5 mg/dL range occurring
between September 1998 and May 2003 were, according
to the valid regulations in effect at that time,
properly interpreted as refusals to test. However,
in the interest of fairness, the Department of
Transportation is providing individuals with such
results the opportunity to have their drug test
result reconsidered, and is issuing a notice to set
forth the procedures for reconsidering such
results.
Reconsideration will only be granted to those
employees who present credible medical
documentation that demonstrates their ability to
naturally produce urine specimens with the
creatinine concentrations and specific gravity in
the ranges in question. Most refusals to test
determinations prior to May 28, 2003 will remain
applicable.
Related Links:
ODAPC Notice Regarding Certain Substituted Specimens
Federal Register Notice
(PDF 208KB)
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