AP 200.23 Evidence – drug test reliability

Click on the case numbers below to access eligibility decisions concerning whether the claimant’s drug test procedure rendered the results reliable.

0022 3185 13

0022 3185 13 (May 30, 2018) – Because the review examiner failed to weigh material and seemingly credible evidence that tended to show the claimant police officer did not ingest cocaine, against the employer’s positive hair follicle test evidence, his decision to disqualify the claimant due to deliberate misconduct was incorrect as a matter of law.

BR-109252-A

BR-109252-A (Feb. 24, 2011) – A majority of the Board awarded benefits to a dock worker, where the only evidence of the presence of an illegal drug or controlled substance was the positive drug test, and the test did not follow the standards set forth by the federal government.  Since the employer did not collect a split urine specimen, it cannot be assured that the positive result came from an untainted sample.

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