What Drug Test Does BMW Use?

If a drug test for an employee is handled improperly, can the lab be held liable for negligence in South Carolina? According to a recent ruling by the South Carolina Supreme Court, which may have implications for drug testing facilities, employers, and workers who test positive for narcotics, the answer is indeed.

BMW mandates employee drug testing for a variety of reasons, just like many other employers in South Carolina. The testing facility, Psychemedics Corp., used the findings of a hair test to determine whether one of its employees had a positive drug test. A nurse from a nearby hospital was used by the lab to collect the hair sample.

The worker contested the test results and the following day sent a hair sample to a separate lab, which came to the conclusion that the worker did not test positive for narcotics. This outcome was delivered to the employer by the employee. BMW declined to rely on the employee’s lab’s findings, but agreed to let Psychemedics Corp. analyse a second hair sample. The worker lost his job after testing positive for drugs a second time.

The former employee filed a lawsuit against Psychemedics Corp., alleging that the company mishandled his drug test. The drug testing facility requested that the federal court reject the action on the grounds that it had no legal obligation to the former employee, which is a requirement for a negligence claim. The South Carolina Supreme Court came to the conclusion that the testing lab owed a duty of care to employees who were obliged by their employer to submit to a drug test after the federal court certified the issue to it in response to this unusual legal challenge. For further proceedings, the matter is sent back to the trial court.

The following are a few potential effects of the court’s ruling:

Employees who test positive for drugs may file a negligence claim against the drug testing facility in an effort to recover all proximately caused damages, including back pay or front pay.
Employers should choose drug test labs carefully, and they should think about asking the labs to hold the employer harmless from any negligence on their part.
The individual who initially collected the sample (such as hair or urine) for testing may be blamed by drug testing labs. The employee could also add that person to the lawsuit as a defendant.

We publish Our Insights as a courtesy to our customers and friends. They are provided for informative purposes only and should not be construed as legal advice on any particular circumstance.

In This Article...

What kind of drug test are most employers using?

The most popular drug test utilized by government organizations and commercial businesses is the standard 5-panel urine test. Typically, a five-panel drug test looks for drugs that are often misused, such as THC, opiates, PCP, cocaine, and amphetamines.

What is often tested for by 5-panel drug tests?

The five-panel drug test analyzes a urine sample for marijuana, opiates, PCP, cocaine, and amphetamines, five commonly used illegal drugs. A SAMHSA-certified laboratory is used to analyze the drug test samples, and a medical review officer reviews the results. By upgrading to a 7-, 9-, or even 10-panel drug test, an employer can, of course, screen for more drugs.

The federal government also has a five-panel drug testing program, also known as a DOT test (US Department of Transportation), which includes tests for amphetamines, cocaine, marijuana, opiates, and PCP. A detailed set of guidelines known as 49 CFR Part 40 serves as a reference for the controlled drug test collecting process and program criteria. As a result, a non-DOT 5 panel drug test is frequently referred to as a “DOT look-alike panel” when it is picked by businesses for their programs.

What substances are examined during a pre-employment test?

Urinalysis: The most normal pre-employment drug test is a urine test, which is usually done after a conditional job offer has been made. Even after the drug’s effects have worn off and its remnants have been present in the body for a long time, a urine test can still reveal evidence of drug usage. Pre-employment urine drug tests commonly look for marijuana, cocaine, amphetamines/methamphetamines, PCP, and opioids, while employers can also test for a wide range of other drugs. The only technique recognized for federally required testing is a urinalysis, which is frequently selected for both regulated and non-regulated staff.

Hair Testing – According to Psychemedics, a market leader in hair testing technology, hair testing has a longer detection window for drug usage ranging up to 90 days. It does not detect alcohol and will only detect past use. Methamphetamine, cocaine, marijuana, painkillers, and PCP are typical drugs that are detected in hair samples. The employee is asked to cut 100 hair strands close to the scalp and place them in a discrete spot on their head.

Oral Fluids – Since oral fluid testing is always witnessed, it is challenging for personnel to falsify, adulterate, or cheat the test. Additionally, this test can be gathered on-site, saving money and time. The oral fluid testing window varies for each medication, just like traditional testing techniques. Most importantly, oral fluid testing reveals recent usage, namely within the first four hours following drug use. The detection window for oral fluid for the majority of drugs is one to three days. The employee will be needed to swab the inside of their mouth to produce a sample of oral fluid.

How can I cancel a drug test?

Drug testing policies are in place at your company to safeguard your staff, clients, assets, and brand reputation. However, some people continue to look for strategies to try to trick a drug test. You must comprehend how candidates or employees attempt to manipulate drug tests in order to determine the finest strategies to lessen the likelihood that they will do so.

On the internet, there is a wealth of information on how to use illegal drugs and still pass a drug test. Among the most popular techniques recommended online are:

Before a urine drug test, drink lots of water, tea, or coffee to flush illegal narcotics out of your system. It can be more difficult for the chemicals to show up on the drug test if you flush.
waiting until the medication has left the system in an effort to postpone the test
changing the urine sample with another person’s.
using an adulterant substance to try and hide the presence of the illicit substance.

A donor may have tried to cleanse their system if their test results are “dilute,” which indicates that they may have done so. A second test might be something to think about.

A precise time frame during which the employee must be tested should also be established. Three days are typically needed for testing. Even while it might be long enough for some chemicals to vanish, it’s perfectly legal to cut the time down to just one day.

To lessen the possibility of drug test manipulation, one of our most successful clients requires those being screened to take their drug test within 24 hours. Additionally, it aids in weeding out those who may not be as committed to working with you. If they are always coming up with an explanation, they obviously don’t take the job offer seriously.

The last obvious way to rig a drug test is to try to use someone else’s urine in place of your own. Pay attention to how staff members behave as they complete the screening and make sure they aren’t carrying bags or other items into the restroom.

Which pre-employment urine drug test is the most typical?

A urinalysis is the most typical pre-employment drug test. A urinalysis is a simple test to perform, the results come back fairly fast, and it can find drug remnants in the body long after the effects have worn off.

That enables companies to examine your record in greater detail and determine whether they need to be cautious about future drug and alcohol use.

Alcohol, marijuana, cocaine, amphetamines and methamphetamines, PCP, opiates, and more can all be detected through a urinalysis, but these are the most often tested substances.

Employers most frequently utilize a urinalysis to check for drug usage in applicants, although they may also use hair, blood, mouth swabs, and breathalyzer tests.

How accurate is a five-panel drug test?

More Information About 5 Panel Drug Tests Employers and individuals can get urine and hair tests done anywhere in the country. The following medications can be detected in urine between 4 and 7 days after usage, whereas they can be detected in a 5-panel hair test up to 90 days after use.

How long do drugs remain detectable in urine?

When people inquire about drug half-lives, they frequently ask how long a substance will remain detectable in their systems because they will soon be subjected to a drug test. A drug test is a device that scans the body for the presence of particular chemicals, both legal and illegal.

Drug tests must be used in a variety of circumstances. Uses for drug tests include:

Employers frequently demand drug tests, especially when performing the work obligations could leave the person seriously injured.
participation in sports. In order to assure safety and fair play, high school, college, and professional athletes frequently submit to drug testing to verify the absence of performance-enhancing or other drugs.
legal reasons. Law enforcement may conduct tests on suspects at the crime site, immediately after, or over an extended period of time as part of their parole or probation.
monitoring drug dosages at therapeutic levels. Urine tests may be requested by doctors to ensure that patients are only taking the recommended dosage of their medication.

The majority of addictive substances can be detected in urine samples for at least a few days after the last usage.

Opioids, such as heroin and oxycodone, remain detectable for 1 to 3 days following last usage.
For around two or three days, stimulants including cocaine, meth, and ADHD prescriptions are evident.
Urine tests are typically flagged by benzodiazepines and MDMA for up to 4 days following the last dose.
Marijuana metabolites can be detected for up to seven days after last use, which is a bit longer than other drugs.
Another form of prescription sedative called a barbiturate is typically detected in urine up to three weeks after the previous dose.

Drug half-lives do provide some useful insight into how long a drug remains in the body, but they are not always accurate predictors of how long a drug can be detected in a test. These averages shouldn’t be used to try to cheat on a test. Additionally, blood and hair can retain drug traces longer than urine.

In the video below, our medical director, Dr. Calarco, discusses whether every drug in your system will be detected by a drug test.

How far in the past can a quick drug test go?

Urine, hair, blood, and saliva are the most common sample types used for drug tests. The most typical and required method for controlled drug testing, including those carried out by the U.S., is urine. Agency for Transportation However, compared to other forms, including the more expensive hair drug test, urine testing has a smaller window of detection. In contrast to hair drug tests, which can detect drug or alcohol usage for up to 90 days, urine drug tests can only detect illicit substances for five to ten days.

Although expensive and invasive, blood testing is extremely accurate. It does, however, have a shorter detection window (from minutes to hours). Also known as an oral fluid test, a saliva test is a less invasive test with a narrower detection window (7–21 hours) than urine testing. If an employer wants to avoid problems that occur when an employee does not supply enough urine, a saliva drug test may be a good substitute for urine testing.