A verified positive drug test result refers to a drug test outcome that has been confirmed by a laboratory certified by the Department of Health and Human Services (HHS). This result must undergo a review by a Medical Review Officer (MRO), who assesses the findings and determines that the test is indeed positive. This process ensures that the results are accurate and reliable.
This term is primarily used in the context of aviation and transportation law, particularly concerning safety regulations for employees in safety-sensitive positions. It plays a crucial role in the enforcement of drug and alcohol testing programs mandated by federal regulations. Users may encounter this term when dealing with employment law, regulatory compliance, or safety standards in the aviation industry. Legal forms related to drug testing and employee rights may be available through US Legal Forms.
Here are a couple of examples of abatement:
Example 1: An airline employee undergoes a routine drug test, and the result shows the presence of a prohibited substance. After the sample is sent to an HHS-certified lab, the MRO reviews the findings and confirms the result as positive, leading to potential disciplinary action.
Example 2: A commercial pilot tests positive for drugs during a random screening. The MRO verifies the test result, which may impact the pilot's ability to operate aircraft legally. (hypothetical example)
| State | Regulation Overview |
|---|---|
| California | Strict regulations on drug testing in the workplace, including employee rights and privacy protections. |
| Texas | Employers have more leeway in drug testing policies, but must still comply with federal regulations. |
| New York | Requires specific procedures for drug testing, including notice to employees and maintaining confidentiality. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Positive Drug Test | A result indicating the presence of drugs, but not yet verified by an MRO. |
| Medical Review Officer (MRO) | A licensed physician responsible for interpreting drug test results and confirming their validity. |
| HHS-Certified Laboratory | A laboratory that meets the standards set by the Department of Health and Human Services for drug testing. |
If you receive a verified positive drug test result, it is important to understand your rights and options. You may wish to:
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If you test positive, your employer will typically follow their drug testing policy, which may include disciplinary actions or rehabilitation programs.