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August 23, 2018

Employee found guilty of charges of submitting a substituted urine sample during the administration of a random drug test


Employee found guilty of charges of submitting a substituted urine sample during the administration of a random drug test
OATH Index No. 1880/18

A New York City sanitation worker was served with disciplinary charges alleging that he had submitted a "substituted urine sample" during a random drug test because no creatinine was detected in his sample.

The federal government has determined that when creatinine drops below 20 milligrams per deciliter, it is a diluted sample; when it drops below two milligrams per deciliter, it is a substituted sample.

The employer’s expert noted that the worker had six prior negative/dilute results and she opined that he was trying to beat the test by drinking lots of water.

OATH Administrative Law Judge Alessandra F. Zorgniotti sustained the charge.

The ALJ also found the employee guilty of having committed time and leave violations and insubordination and recommended that the individual be terminated from his position.

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-1880.pdf

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