“Because we live in a highly litigious society, legal defensibility should be a top priority for both sellers and buyers of drug testing,” according to an article titled “Legal Defensibility: An Employer’s Top Drug Testing Priority” from leading expert drug testing industry consultants the Current Consulting Group (CCG).
“Legal defensibility can be defined as a company’s strategy for reducing exposure to legal risk. It does not necessarily mean avoiding legal challenges to a drug test program or test result, but it does mean being in the strongest position possible to legally defend your program and each individual test result,” CCG explains.
The article also reveals that lab-based urine and lab-based oral fluid are currently the only two drug testing methods officially endorsed by the United States federal government and those are the only two testing methods that offer the legal defensibility associated with federal government-mandated drug testing.
What if a result is challenged? “If your drug testing program is ever challenged or if an employee or applicant tries to contest the result of a drug test result, the use of the federal drug testing guidelines will provide legal cover,” CCG explains. Here are key components of the federal guidelines that strengthen legal defensibility:
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