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Required to perform drug tests !!!! Wyoming

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  • Required to perform drug tests !!!! Wyoming

    Hello. I am required to perform drug tests on my employees and submit to drug testing by my supervisor. We use little kits. The person being tested urinates in a cup in the bathroom then brings the urine to the office. Then I stick the test strips in the urine and wait for results. I fill out a form , copy the test strips on my copier (gross) and send all the info to our head office.

    I am not trained/certified to drug test a person. The person drug testing me is not trained. The office and bathroom are certainly not set up for proper testing. NOt to mention this is disgusting and I can't see how on earth it could be legal but I am told it is.

    Does anyone know about this? It's making me very nervous that I am going to be in trouble for doing something illegal not to mention it's gross and embarassing for both parties.
    Thanks!

  • #2
    Apparently, Wyoming has no laws regulating drug testing.

    http://law.enotes.com/everyday-law-e...ect-state-laws

    That means that what you are doing is legal.

    Not all states are like that (we MUST have employees tested at a clinic). If you don't like the laws in your state, contact a state legislator and try to get the laws changed.

    Have your employer provide you with disposable latex gloves if they are not doing that. You should also receive training in blood borne pathogens. There is a risk of infection. The company should also consider paying for you to get a vaccination against hepatitis.

    I fail to understand why it is embarrassing to you or the tested persons, unless you are required to watch the specimen being delivered (happens in some places, to prevent substiution of a clean sample for the real one).
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      Thanks Scott

      Thank you for the information.

      I supplied myself with latex gloves. I have not been given any training, shots or anything else. (I read the instructions that came with the test , that is all they gave me)

      No I don't go with the person to get the urine sample nor does my supervisor go with me. As far as being embarassing I guess it's just my personal take on it. I found it embarassing to be handling the urine of a person I met only once in an interview. I found it embarassing to hand my urine over to someone I had just met when I was hired.

      I will get over the embarassing part. I am relieved to know that it's not illegal even if I don't like it.

      Thanks.

      Comment


      • #4
        It may be thought to be legal however I would definately be interested in seeing the outcome of a lawsuit based on a positive D/S result done anywhere but a medical facility with properly trained personel and proper procedures in place.

        When one is not in the medical profession I can fully understand your hesitance to handle other peoples body fluids. I encourage you to take this up with your states heath department. They may be aware of some guidelines that are not clearly written into law.

        Let us know how things turn out for you.

        Comment


        • #5
          Urine drug collections

          OSHA is very specific on requiring the employer to provide a safe work environment. Therefore, your employer must have a policy & procedure in place for the drug collections you are asked to perform. The policy should include the proper steps and use of personal protective equipment - gloves. It should also have a statement regarding proper disposal of urine cups. I have a hazardous waste receptacle in my clinic for this purpose.It also must have in place where you send a positive urine result for confirmation.It must go to an outside lab.
          I think you should contact OSHA regarding your work environment and lack of proper training. I don't think they will agree with your employer's current practice.

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          • #6
            There are also guidelines about handling and disposal of testing and lab supplies, urine samples etc. It is amazing that thousands of gallons of urine are flushed down the sewer every day, but the minute someone takes a whiz in a cup it becomes "biohazardous waste" in some states and must be handled and disposed of in some official manner.

            Comment


            • #7
              bobbi123,
              Since I live in Wyoming, I feel I can respond to this. I am not aware of what the drug testing laws are, however, as BnThrDnTht brought to our attention, I do know of one case at a local mine where an employee was awarded a very large settlement because of an inaccurate drug test. I am not sure how the persons in HR were involved, or what happened to them. But, it was a case that made headlines here for a couple of weeks- if you are uncertain of how it could effect your employment if something were to go wrong, you may want to start researching. I believe it happened in the late 1990s in Rock Springs.
              Last edited by employmentspecialist; 10-30-2007, 08:57 AM. Reason: punctuation/ adding info

              Comment


              • #8
                Originally posted by employmentspecialist View Post
                bobbi123,
                Since I live in Wyoming, I feel I can respond to this. I am not aware of what the drug testing laws are, however, as BnThrDnTht brought to our attention, I do know of one case at a local mine where an employee was awarded a very large settlement because of an inaccurate drug test. I am not sure how the persons in HR were involved, or what happened to them. But, it was a case that made headlines here for a couple of weeks- if you are uncertain of how it could effect your employment if something were to go wrong, you may want to start researching. I believe it happened in the late 1990s in Rock Springs.

                I think the OP was concerned more about her exposure risk when handling bodily fluids than the drug test outcome.

                Comment


                • #9
                  Some JFYI re drug/alcohol testing of employees Wy. The state doesn't regulate drug/alcohol testing, but the question of reasonableness of employer testing has been addressed in federal & state court, primarily in wrongful termination & invasion of privacy cases. In Employment Sec. Comm'n v. Western Gas Proc. Ltd. 1990 an employee filed a claim for unemployment benefits after quitting rather than submitting to a urine drug test. The Wy. Supreme Court held that the employee had been constructively discharged & was entitled to unemployment compensation. The court also ruled that under the circumstances the demand to submit to the test was unreasonable.

                  In Duncan v. Afton Inc. (Wyo 1999) the employers conduct was not directly addressed but the court held that the collection company owed a duty of care to the employee when collecting, handling, & processing the employee's urine sample for the purposes of performing substance-abuse testing.
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                  Comment

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