Drug Testing Expert Witness

What is a Drug Testing Expert Witness?

Court cases that involve workplace drug and alcohol testing often require the presence of a drug testing expert. Typically, it is an employment attorney or employer who seeks out someone who is qualified to provide witness testimony regarding drug and alcohol testing policies and procedures.

So what, exactly, is a drug testing expert? In short, it is someone who possesses in-depth experience, education, training, and knowledge of drug testing – from theory all the way to specimen collection. They must be well-versed in both state and federal regulations.

In particular, a drug testing expert would need to have a comprehensive understanding of mandatory drug and alcohol testing mandates as they have been set forth by the United States Department of Transportation (DOT).

There are many agencies that fall under the umbrella of the DOT and are therefore responsible for compliance with those mandates. These include: Federal Motor Carrier Administration (FMCSA), the Federal Aviation Administration (FAA), the United States Coast Guard (USCG), the Federal Railroad Administration (FRA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Federal Transit Administration (FTA).

In addition, many businesses that are outside the jurisdiction of the DOT have their own drug- and alcohol-free workplace policies that involve frequent testing of employees to maintain a safe work environment.

A drug testing expert will have expertise specific to DOT regulations, specimen collection, chain of custody, and drug-free workplace policies for drug and alcohol testing. A drug testing expert will act as an expert witness in any case that involves drug testing. They can provide a thorough analysis of the policies and procedures that were employed in the specific testing event. The expert will determine if the steps taken by the employer and/or employee were in compliance with - or in violation of - appropriate laws and regulations.

Countless industries throughout the United States rely on drug and alcohol testing to keep their employees and others in the community safe from unintentional harm. It is in everyone’s best interest when these programs have clearly established protocols and guidelines. Furthermore, anyone involved in the specimen collection and/or testing process must be well-trained and understand the rules that govern their particular part of the process.

But it doesn’t always work out the way it should. Disputes between employers and their staff may arise based on a false positive, a false negative, or improper collection and testing procedures.

It takes extensive legal knowledge to be able to serve as a drug testing expert in cases revolving around workplace drug and alcohol testing. A drug testing expert must have a complete understanding of DOT regulations and other standard workplace policies to be able to review the events that are subject to litigation. The drug testing expert uses their knowledge and expertise to provide a comprehensive analysis of the actions that were taken and the results, letting the courts know whether or not they were in compliance with existing state and federal laws.

Simply put, a drug testing expert is available as either a testifying or non-testifying expert witness in either state or federal court and is able to provide expert opinions in matters related to drug and alcohol testing policies and procedures.

If you are an employment attorney or employer who is in need of a drug testing expert for an upcoming court case, Easler can help. We are the leading subject matter experts in workplace drug and alcohol policies.

Our team regularly trains and consults with public and private employers across North America in all aspects of federal and state drug and alcohol policy and compliance.

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