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.

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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