Split Specimens and Donor Rights

Split specimens are a sort of backup by definition. The split cup is used for verification, which includes a safeguard against errors like "false positive" results. The safeguards are extremely important to prevent unfair, and potentially unwise, actions on the basis of a single test. Drug testing kits are usually reliable, but error is possible, and the principles of good testing are to ensure accuracy.



Split specimens basics



The modern split cup can test for a vast range of drugs, including:



* Cannabis

* Methamphetamine

* Opiates

* Benzodiazapine

* Cocaine





This broad range of capabilities makes them very effective in practically any drug testing scenario. Current best practice must provide a properly supervised and oversighted testing regimen, with due regard for both accuracy and propriety of testing procedures and donor rights.



The testing process protocols



Accuracy of testing is a particularly sensitive issue in this field. The split cup process provides for both an initial and a confirmatory test. The process is as follows:



1. The urine drug test kit used must be of a compliant standard for analysis.

2. An initial test using half of the sample provided.

3. If the initial test is positive, the person tested is notified.

4. A second, independent test is conducted to ensure accuracy of the first result.

5. If the second test is also positive, appropriate action as proscribed by the organization’s alcohol and drug testing policy is carried out.



The following protocols must be observed before, during and after the tests:



* Strict adherence to all applicable privacy laws in relation to the drug tests, including secure access to records and information.

* Full documentation and accurate recording of the test results and actions taken in relation to the matter.



Due notification to the employee must be given regarding:



1. Notification of the requirement to be tested,

2. The results of the test, and if required their rights after a positive test and a second positive test.

3. The employee should receive written information regarding the testing process clearly outlining their rights at all stages of the processes.



Important – This is a formal process covered by statutes, and failure to comply with necessary procedures may be in breach of privacy and employment law.



The donor’s rights, explained



Donors of drug samples are participants in an employer program which is designed to provide both a safe workplace environment and deal with drug related issues in the workplace.



Please note:



* The drug testing process is not a law enforcement process.

* All persons with positive results are entitled to an independent verification of the test results.

* An employer is not a court. All test subjects are entitled to the protection of law and the presumption of innocence. Any action which may prejudice the person tested may be actionable, and in breach of statutes.

* The drug testing policy is a "One Size Fits All" policy applying to the entire workplace. Rules can’t be made or broken for individuals.



If you’re an employer, and are in any doubt whatsoever about donor rights, it is strongly recommended that you seek professional advice before taking any action in relation to positive drug test results.