BR-109252

Date:
Author:
BOR (Board of Review)

The Board rejected as unreliable a drug test that did not include a split urine sample (to ensure against contamination).  The Board found that in cases involving a random drug test, where the only evidence of the illegal drug was the positive test, the employer did not satisfy its burden to prove misconduct or violation of its drug policy unless the test comports with procedures set forth by the federal government to ensure the accuracy of the test.

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