Posted on 03/07/2013 2:23:06 PM PST by Ken H
Six Boston cops fired after testing positive for cocaine have been ordered reinstated — with back pay — after a state board struck down hair tests as unreliable in a bombshell ruling that could have a far-reaching impact on how city workers are drug-tested.
In a stunning, 134-page ruling, the Massachusetts Civil Service Commission this week ordered the six cops back on the job, finding that “the present state of hair testing for drugs of abuse ... does not meet the standard of reliability necessary to be routinely used” to fire someone.
(Excerpt) Read more at bostonherald.com ...
So how many are in prison because of this testing???
Police Union! Simple! nothing new here!
Cops work better on cocaine!
Who knew Dunkin was the Cocaine pit stop for Cops!
Just us lowly serfs.
It’s unlikely that anyone is in prison as a result of this kind of testing, but it is frequently used in employment situations and in custody disputes. There are several possibilities in this case: 1) the Judge ignored the scientific proof. 2)The scientific proof was poorly presented, in which case he’s really obligated to ignore it; or 3)The evidence was carefully presented and vetted and the scientific accuracy of the testing really is unreliable, in which case the implications in all kinds of employment and custody proceedings are huge.
I like Slovak Poppyseed pastries. Would I test positive for narcotics?
Or, maybe, the cops used drugs and the lawyers challenged the evidence. Just like in DUI’s - first thing in law 101 is to challenge the evidence.
It's possible with enough poppy seeds. Some companies and probation officers even force you to sign a “no poppy seeds” agreement so you can't contest a positive test.
But hey, your right to eat poppy seeds is not as important as “our children's” right to a “drug free world”. We already sacrificed privacy rights and the right to be free from unreasonable searches. Giving up poppy bagels is but a small sacrifice for the good of the glorious drug-free state to come, comrade.
Absolutely, eating even a small amount of Poppy Seeds will yield a Positive test for opiates.
Having had experience in writing “drug free workplace” policy statements to comply with state and federal policy (not law), it’s pretty clear that one positive random test result, absent any specific accusations of diminished capacity, is not grounds for termination.
It does establish grounds for frequent testing, investigation, and evaluation, and possibly treatment for addictions.
The point of “random drug tests” was to deter illegal drug usage.
Epic fail, but we who screamed out against it decades ago could have told you it would be routinely abused.
One law for thee, another for me, example 3,529,746.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.