Wednesday, July 06, 2016

Maintaining a proper chain of custody of evidence to be used in a disciplinary action


Maintaining a proper chain of custody of evidence to be used in a disciplinary action
OATH Index No. 1389/16

A New York City sanitation worker tested positive for amphetamine and methamphetamine in the course of a random drug test. He contended that the test should have been voided because his urine sample was not in his view the entire time before the specimen was sealed. The sample, however, did remain within the exclusive control of the specimen collector the entire time.

OATH Administrative Law Judge Noel R. Garcia found that this error in the collection process did not significantly affect the sanitation worker’s right to a fair and accurate test and that the appointing authority established a proper chain of custody.

As this was the employee’s third violation of the Department’s substance abuse policy, Judge Garcia recommended termination of employment. 

The decision is posted on the Internet at:

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Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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