DRUG & ALCOHOL TESTING
status (annual or administrative), the employee’s first-line and higher-level supervisors will defer the test, and the employee whose random test is deferred will be subject to an unannounced test within the following 60 days. The Authority allows random testing under CAR 2.10.1.7 (d). Random tests for psychoactive substances are conducted by the Authority.
TESTING METHODS Testing methods for psychoactive substances should meet ICAO recommendations and GCAA regulations for all 145 operators domestically and internationally. Part 120 should be amended for domestic operators to meet them as well. Employers should be able to test for all psychoactive substances by blood (the most accurate method per ICAO), breath, follicle, saliva and urine.
LABORATORY STANDARDS Foreign laboratory standards and requirements should meet Part 40 and CAAP 51 regulations. CAAP regulations are follows:
12.1 General - The purposes for testing necessitate forensic testing as opposed to clinical testing, because it is presumed that results will be attributed to an individual, and adverse consequences may follow a test result indicating that prohibited conduct has occurred. In the development of biochemical testing programs generally, programs meeting forensic requirements are those that have produced test results that are supportable if challenged in court or another legal forum. Forensic testing is characterized by strict procedures to ensure that the specimen tested came from the specified person (the “donor”), that it was not tampered with or adulterated by the donor or any other person, that the results are accurate and that all records are maintained in a secure and confidential manner. The steps necessary to meet forensic/legal testing requirements include chain of custody, which ensures that all specimens are sealed upon receipt from the donor to prevent undetected tampering and that specimens are handled by the minimum number of persons. It is also essential that any transfer in possession, whether to another person or a laboratory or to temporary storage, be documented on a chain of custody document. This document should be a complete and accurate reflection of the history of the specimen. Additionally, to ensure the accuracy and reliability of analytical procedures, devices used in testing shall be properly calibrated, maintained and operated. Complete records documenting the history of any analytical device shall also be kept. Finally, it is vital that appropriate procedures be instituted by an organization with technical expertise to ensure the accuracy and reliability of any analytical devices and protocols. Laboratories that will perform workplace testing should be
required to undergo certification by the Ministry of health/ DOH and GCAA. These are only a few of the requirements for an acceptable forensic program Quality control and quality assurance procedures should be developed for all testing, and employers and/or regulators should monitor compliance with these procedures. GCAA should consider inspecting any laboratory that might be selected to analyze employees’ specimens. Not only will this provide the GCAA an opportunity to ensure that the specimens will be properly handled, it will increase employee confidence in the program.
CHAIN OF CUSTODY Per CAAP 51, chain of custody a monitoring process to prevent tampering with the sample or the results which begins with collection of the sample and continues through the final reporting of test results to clients. CAAP 51 states:
Sealing of sample containers, transport and control of samples, receipt of samples by the laboratory, and supervision of lab tests remain under strict discipline throughout the chain of custody. Authorized signatures are required at each step. Laboratory results can be effectively challenged in court if there are weak links in the chain. Standards regulate the handling, analysis, and collection of samples if they are intended to be admissible in a court of law. Transfer of urine, blood, or saliva from the subject to the container shall be witnessed. For example, if a person is taken to a physician for a blood sample, the physician becomes the first link in the chain of custody. Few physicians understand the legal chain of custody procedures. Unless otherwise instructed, they will usually follow clinical laboratory standards, which will not stand up to challenge by a knowledgeable attorney. The person collecting the blood sample shall be able to testify regarding the collection procedure. Likewise, the person collecting the sample shall be able to testify to the accuracy of the container label, including the subject’s name and other identifying information, such as date, time of the collection, and type of collection receptacle. The chain of custody shall be maintained until the specimen reaches the laboratory and through the confirmation of initial results. Similar to Part 40, the GCAA mandates the use of an
approved Custody and Control Form (CCF) to document the collection of a specimen at the collection site. The CCF is usually supplied by the testing lab. This form should provide an original plus four copies: Original to the GCAA file Copy 1- to the laboratory with specimen. Copy 2- to the MRO within 24 hours. Copy 3- to the DER within 24 hours. Copy 4- to the donor after CCF is complete and bottles
are packaged.
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