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Drug testing procedures are governed by legal requirements, primarily rooted in state drug testing laws. Key procedural mandates include: employers must provide written notice of testing requirements, share their substance abuse and drug testing policy, and utilize licensed laboratories. Confirmatory tests are mandatory, and employees must receive their test results in writing. Additionally, employees who test positive should be given the chance to explain their results, and sample collection must be conducted privately. The Department of Transportation’s regulations under the Omnibus Transportation Employee Testing Act outline procedures to ensure privacy during sample collection while preventing adulteration, although the Act does not define individual privacy rights.
