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TL;DR: Drug screening laboratory cannot complete verification (over 2 months) of a *false positive* result, from an oral fluid test, caused by prescription medication, because, allegedly they did not follow the correct protocol. They should have done an MRO (Medical Review Officer) review, as is legally required, but they actually, just returned raw data (just re-testing in a lab environment) and thus returning a confirmation of the initial swab test
I disputed the result, stating that they did not take into account, the fact that I take medication, and requested a review. After providing additional medical and personal info (should have been requested by the MRO via phone call before that), they have failed to conclude anything in over 4 months, basically ghosting me and the whole situation.No one wants to give a definitive answer or own up to the situation.
Long form:
Greetings!In the beginning of march, I was due to start work on a self employed basis for a delivery company. As part of the pre-employment clearance I had to conduct an oral fluid swab test for illicit substances.
(At the time I didn't know that the correct procedure isn't going to be followed from there on, I only found out recently, upon personal investigation)
(If I was to be denied employment, because of the medication, it would have been done in the beginning, I don't think this is the case)
I was advised to contact ACAS and the EASS. I did both, even got through to Citizens advice, and was told I can seek compensation on the grounds of Discrimination due to Disability by a Service provider.
Additionally, I was doing some research and found out allegedly, how the laboratory has not followed the correct protocol exactly.
When the second swab was sent, I was supposed to provide my GPs contacts when sending the sample in order for the MRO to conduct his process as intended by law. I was not asked anything of the sort. I suspect, that initially they had no intention to do an MRO review, or forgot to do it, I don't know.
Upon getting a second non-positive result, the MRO has an obligation to contact me for an interview. Has to attempt at least 3 times. Leaving 3 voicemails if he is not able to(this is to give me an opportunity to explain my case). He must also contact my GP to confirm that they prescribe the said medication. If all is confirmed, they have to declare the test negative and must notify me and my employer within 48 hours (if I recall correctly ).
I found a similar case in the US, where initially the lab only did a secondary test and did not employ an MRO review, and the same thing happened, and they were taken to court over the case, subsequently, the lab was found liable for professional negligence for not providing duty of care, mishandling of samples.
Conclusion:
I am not sure which route to take on from here. I am determined to seek a compensation for financial losses, stress, emotional distress.
County court, Employment tribunal?
Should I seek a resolution on the grounds of Discrimination, or Professional negligence, Medical negligence, Misconduct? There is not much information on the matter in the UK, and I cannot rely on cases from the US, as it's a whole different jurisdiction.
I disputed the result, stating that they did not take into account, the fact that I take medication, and requested a review. After providing additional medical and personal info (should have been requested by the MRO via phone call before that), they have failed to conclude anything in over 4 months, basically ghosting me and the whole situation.No one wants to give a definitive answer or own up to the situation.
Long form:
Greetings!In the beginning of march, I was due to start work on a self employed basis for a delivery company. As part of the pre-employment clearance I had to conduct an oral fluid swab test for illicit substances.
- Prior to doing the test, I gave full disclosure to the operative, that I have a diagnosed disability for which I take prescription medication. I also explained that the test will probably flag up, due to the medication. (The medication does not impede my ability to perform normal tasks and work).
- I was advised to carry on as usual. The test came back positive and the operative stated, that in order to get cleared, a second sample must be sent to a laboratory to verify that the positive is caused by the medication.
- We followed the procedure, I wrote down on a protocol the medication, dosage, intake frequency. Signed it, sealed it and it was sent off. I was given a 10 work day timeframe for the result , no other instructions.
(At the time I didn't know that the correct procedure isn't going to be followed from there on, I only found out recently, upon personal investigation)
- 10 work days later, I receive notification from one of the people working for my future employer, that the test came back positive for the same substance as the initial one (Amphetamines).
- I immediately objected, stating that they apparently did not take into account my medication and personal circumstances, and requested a review/explanation. I was then asked to provide proof of my diagnosis and prescriptions under my name.
- I provided them immediately. After that, there was no communication from them for over a month and a half. I tried to call up the laboratory a month ago, to follow up and see why it's taking so long (the whole process shouldn't take more than a week). An administrator told me, that they cannot disclose any information with me, because the test was sent under my future employers name.
- Two weeks ago they appear out of the blue, and contact my future employer again via email. In the email, they apologise for the delay and state that it was due to : "migration of IT services" . They then ask for the details of my GP surgery, because an MRO must contact contact them and me in order to confirm that the positive was caused not by illicit drugs, but by my medication.
- In the beginning of June I filed an official complaint against the said laboratory under EqA 2010. After 19 days they gave me a deflective answer that they will investigate and will contact the Delivery company. I was also told to contact them(delivery company) from there on, as they are the main client of the drug test.
- The delivery company have also been quite passive in their responses to me. I have. told them, that they have to defend my position and aid in clearing this issue.
- I also made a GDPR request to the Laboratory and asked them to provide data, correspondence that they hold on me.
- I have also found out that they're attempting to make another MRO review, but I haven't been contacted by anyone for it.(I don't know if they can do it at this point)
(If I was to be denied employment, because of the medication, it would have been done in the beginning, I don't think this is the case)
I was advised to contact ACAS and the EASS. I did both, even got through to Citizens advice, and was told I can seek compensation on the grounds of Discrimination due to Disability by a Service provider.
Additionally, I was doing some research and found out allegedly, how the laboratory has not followed the correct protocol exactly.
When the second swab was sent, I was supposed to provide my GPs contacts when sending the sample in order for the MRO to conduct his process as intended by law. I was not asked anything of the sort. I suspect, that initially they had no intention to do an MRO review, or forgot to do it, I don't know.
Upon getting a second non-positive result, the MRO has an obligation to contact me for an interview. Has to attempt at least 3 times. Leaving 3 voicemails if he is not able to(this is to give me an opportunity to explain my case). He must also contact my GP to confirm that they prescribe the said medication. If all is confirmed, they have to declare the test negative and must notify me and my employer within 48 hours (if I recall correctly ).
I found a similar case in the US, where initially the lab only did a secondary test and did not employ an MRO review, and the same thing happened, and they were taken to court over the case, subsequently, the lab was found liable for professional negligence for not providing duty of care, mishandling of samples.
Conclusion:
I am not sure which route to take on from here. I am determined to seek a compensation for financial losses, stress, emotional distress.
County court, Employment tribunal?
Should I seek a resolution on the grounds of Discrimination, or Professional negligence, Medical negligence, Misconduct? There is not much information on the matter in the UK, and I cannot rely on cases from the US, as it's a whole different jurisdiction.
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