(1) The employee designated to give a sample must be positively identified prior to any sample being obtained.

(2) The room where the sample is obtained must be private and secure with documentation maintained that the area has been searched and is free of any foreign substance. An observer of the appropriate sex shall be present for direct observation to insure the sample is from the employee and was actually passed at the time noted on the record. Specimen collection will occur in a medical setting, and the procedures should not demean, embarrass, or cause physical discomfort to the employee.

(3) An interview with the employee prior to the test will serve to establish use of drugs currently taken under medical supervision.

(4) Specimen samples shall be sealed, labeled and checked against the identity of the employee to insure the results match the testee. Samples shall be stored in a secured and refrigerated atmosphere until tested or delivered to the testing lab representative.

(b) Processing Urine Samples

(1) The testing or processing phase shall consist of a two step

COL12302011
10 Guam Code Ann. HEALTH AND SAFETY
CH. 75 DRUG TESTING

procedure.

A. Initial screening, and

B. Confirmation step

(2) The urine sample is first tested using a screening procedure. A specimen testing positive will undergo an additional confirmation test. An initial positive; rather, it should be classified as confirmation pending.

(3) The confirmation procedure should be technologically different than the initial screening test. Notification of test results to the supervisor or internal affairs investigator will be held until the confirmation test results are obtained. In those cases where the second test confirms the presence of drugs or drugs in the sample, the sample will be retained for six (6) months to allow further testing in case of dispute.

(4) The testing method selected shall be capable of identifying marijuana, cocaine, and every major drug or abuse including heroin, amphetamines and barbiturates. Personnel utilized for testing will be certified as qualified to conduct urinalysis, or adequately trained.

(5) Employees who have participated in the drug test program, where no drugs were found, shall receive a letter stating that no illegal drugs were found. If the employee request, such a copy of the letter will be placed in the employees personnel file.

(c) Chain of Evidence-Storage

(1) Where a positive is received, urine specimens shall be maintained under secured storage for a period of not less than six (6) months.

(2) Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and chain of evidence.

SOURCE: Added by P.L. 19-44:4.