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Herb Toker

I have a pre-employment test tomorrow morning. My first test came back diluted (used my own pee). I think I am going to sub with Quick Fix and used dilution as a backup.

My question is, what are the chances they will observe me because my first sample was dilute?

 

Sec

You will be taking a DOT test. If your specimen was determined to be "negative dilute", but within the range of human urine for the ph levels, creatinine, etc., they have no cause to observe. If your specimen was determined to be "not human urine" because the creatinine levels, ph, or something else was so far outside the normal range for human urine, then they will observe. It all depends on the first test. I think that because you did not receive a call from a MRO, you were ok. They will just ask you to pee again withoug observing.

Personally, I think you can pass with no problem using your own urine. Your plan is a good one, but be careful not to dilute too much in case you do need to use your own urine.

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Herb Toker

They did end up observing me. I do believe this company follow DOT guidelines (even though they do not fall into that category, this job is white collar). Here is the link I found to back it up.

http://www.fmcsa.dot.gov/rules-regul...sr/40.197.htm#

Also, until recently, if a DOT regulated test came back dilute, it was automatically considered postitve. Those rules have changed per this article (its a bit dated).

http://stopthedrugwar.org/chronicle/165/dotrules.shtml

Sec

White collar positions can fall into that category. If you are supervising or dispatching drivers, have the possibility of driving that truck yourself even though you do not normally do it for a living, you have to be tested randomly. If you are a diesel mechanic test driving a semi you have just worked on, you must be randomly tested.

Quote from DOT Regulations linked above:
(a) As the employer, if the MRO informs you that a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact that the specimen was dilute.

(b) If the MRO informs you that a negative drug test was dilute, you may, but are not required to, direct the employee to take another test immediately. Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see 40.67(b) and (c)).

d) (1) As the employer, you must explain to the employee the reason for a directly observed collection under paragraph (a) or (b) of this section.

Was your first test result a positive dilute or a negative dilute. It makes a big difference.

IF it was positive dilute, you must not have been given the opportunity to retest.

IF your first test was negative dilute, the employer is not allowed to collect under direct observation unless there was another reason, and the employer is required to explain that reason to you.

Since the employer did not explain why he/she was conducting your re-test under direct observation, they are NOT following DOT regulations.

I know what the regulations are, you see, I must follow them daily in my work.

Actually, what this article says is that now, those tested under DOT standards can challenge the findings of a diluted result, whereas before they could not challenge the finding. Also, this change is almost 6 years old. That is almost 1/2 the life of the entire DOT drug and alcohol testing program.

Herb Toker

He never said it was positive or negitive, just dilute. He said that they do direct supervison when samples are dilute, did not meet temp, or obviously adultered.

I am not even sure they tested the sample. They might of run the integrty check, saw it was dilute, and threw it out. I am not sure.