using CNIDR Isearch-cgi 1.20.06 (File: 40-559.html)
§40-559.
All sample collection and testing for drugs and alcohol pursuant
to the provisions of this act shall be conducted in accordance with
the following conditions:
1. Samples shall be collected and tested only by individuals
deemed qualified by the State Board of Health and may be collected on
the premises of the employer;
2. Only samples deemed appropriate by the State Board of Health
for drug and alcohol testing shall be collected;
3. The collection of samples shall be performed under reasonable
and sanitary conditions;
4. A sample shall be collected in sufficient quantity for
splitting into two separate specimens, pursuant to rules of the State
Board of Health, to provide for any subsequent independent analysis
in the event of challenge of the test results of the main specimen;
5. Samples shall be collected and tested with due regard to the
privacy of the individual being tested. In the instances of
urinalysis, no employer or representative, agent or designee of the
employer shall directly observe an applicant or employee in the
process of producing a urine sample; provided, however, collection
shall be in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable samples;
6. Sample collection shall be documented, and the documentation
procedures shall include:
a. labeling of samples so as reasonably to preclude the
probability of erroneous identification of test
results, and
b. an opportunity for the applicant or employee to provide
notification of any information which the applicant or
employee considers relevant to the test, including
identification of currently or recently used
prescription or nonprescription drugs, or other
relevant information;
7. Sample collection, storage, and transportation to the testing
facility shall be performed so as reasonably to preclude the
probability of sample contamination or adulteration;
8. Sample testing shall conform to scientifically accepted
analytical methods and procedures. Testing shall include
confirmation of any positive test result by gas chromatography, gas
chromatography-mass spectroscopy, or an equivalent scientifically
accepted method of equal or greater accuracy as approved by Board
rule, at the cutoff levels as determined by Board rule, before the
result of any test may be used as a basis for refusal to hire a job
applicant or any action by an employer pursuant to Section 12 of this
act; and
9. A written record of the chain of custody of the sample shall
be maintained from the time of the collection of the sample until the
sample is no longer required.
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