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Old 02-13-2008, 01:45 AM   #1
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Default Federal Regulations for Detection Time?
I've heard on forums that hair tests are US government regulated to a 90 day detection period. Can anyone confirm this? If so, do you know where I can find the specific government document?

I want to cite it on Wikipedia's drug testing article, which seems inaccurate, and I think it would just be interesting to see.

Thanks.
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Old 02-13-2008, 05:29 AM   #2
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Originally Posted by hairtestingsucks View Post
I've heard on forums that hair tests are US government regulated to a 90 day detection period.
Where did you hear that? It's bullshit.

Hair tests look at the 1.5 inches of hair closest to your skin because that represents, for the average person, three months of growth. Beyond three months, the test isn't reliable because the THC metabolites it looks for start to break down into compounds that aren't detectable.
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Old 02-13-2008, 01:12 PM   #3
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Default Hair Testing - Detection Times
Hair testing is indeed limited to a 90 days detection window per ADA regs.
Hair testing is accurate beyond 90 days, however, thought is that user could have succcessfully completed counselling over a longer period.


Quote:
Originally Posted by hairtestingsucks View Post
I've heard on forums that hair tests are US government regulated to a 90 day detection period. Can anyone confirm this? If so, do you know where I can find the specific government document?

I want to cite it on Wikipedia's drug testing article, which seems inaccurate, and I think it would just be interesting to see.

Thanks.
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Old 02-13-2008, 02:05 PM   #4
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Originally Posted by pcholakis View Post
Hair testing is indeed limited to a 90 days detection window per ADA regs.
Hair testing is accurate beyond 90 days, however, thought is that user could have succcessfully completed counselling over a longer period.
What is your source on that info...
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Old 02-13-2008, 02:24 PM   #5
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pcholakis, you only made a statement. You have not provided a link or a source for your information. I did a short search and found only two references to hair testing. Only one was in the ADA website. The other was the DEA website.

Found here: ADA Title III Technical Assistance Manual
Quote:
III-2.3000 Drug addiction as an impairment. Drug addiction is an impairment under the ADA. A public accommodation generally, however, may base a decision to withhold services or benefits in most cases on the fact that an addict is engaged in the current and illegal use of drugs.

What is "illegal use of drugs"? Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. It does not include use of controlled substances pursuant to a valid prescription or other uses that are authorized by the Controlled Substances Act or other Federal law. Alcohol is not a "controlled substance," but alcoholism is a disability.

What is "current use"? "Current use" is the illegal use of controlled substances that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. Therefore, a private entity should review carefully all the facts surrounding its belief that an individual is currently taking illegal drugs to ensure that its belief is a reasonable one.

Does title III protect drug addicts who no longer take controlled substances? Yes. Title III prohibits discrimination against drug addicts based solely on the fact that they previously illegally used controlled substances. Protected individuals include persons who have successfully completed a supervised drug rehabilitation program or have otherwise been rehabilitated successfully and who are not engaging in current illegal use of drugs. Additionally, discrimination is prohibited against an individual who is currently participating in a supervised rehabilitation program and is not engaging in current illegal use of drugs. Finally, a person who is erroneously regarded as engaging in current illegal use of drugs is protected.
Is drug testing permitted under the ADA? Yes. Public accommodations may utilize reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.
and I found this:
DEA Resources, For Parents & Teachers, Guidelines for a Drug-Free Workforce
Quote:

Chapter 6

Drug Testing


Tests to detect drug use can be conducted using various biological specimens. Testing for alcohol is typically conducted by obtaining a breath, blood or saliva sample. However, when a person is being monitored following treatment for alcoholism, and abstinence is expected, urine may be tested. Testing for drugs other than alcohol is typically conducted using urine samples although some employers use hair samples. Employers regulated by federal testing programs are required to use urine samples only for testing of drugs. Department of Transportation regulations require breath testing for alcohol.
I am still looking, but so far have found nothing, especially in the Americans with Disabilities Act (ADA), that defines an exact 90 day requirement.
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Old 02-13-2008, 06:21 PM   #6
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Originally Posted by pcholakis View Post
Hair testing is indeed limited to a 90 days detection window per ADA regs.
How does that work? Does each molecule of THC metabolite have a little time clock attached so they can tell whether or not it's more than 90 days old?

You can't regulate what you can't measure. A detection window is determined by the nature of the chemicals being tested, not by government fiat.
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