Common use of Specimen Collection Procedures Clause in Contracts

Specimen Collection Procedures. A. Preliminary Collection of Specimens 1. The NJIT DPS will designate staff members to serve as monitors of the specimen acquisition process. The monitors should always be of the same sex as the individual being tested. However, in the event there is no member of the same sex available from the NJIT PD to collect the specimens, this agency may request that a member of the same sex from another law enforcement agency serve as monitor of the process. 2. The monitor of the specimen acquisition process shall be responsible for: a. Ensuring that all documentation is fully and accurately completed by the individual submitting the specimen. b. Ensuring that the collection of specimens is done in a manner that provides for individual privacy while ensuring the integrity of the specimen. c. Complying with chain of custody procedures established for the collection of urine specimens and their subsequent submission to the New Jersey State Toxicology Laboratory within the Division of Criminal Justice for analysis. d. Ensuring that prior to the submission of a urine specimen, sworn law enforcement officers and law enforcement trainees shall complete a medication information form (Attachment A) by listing all prescription medication, non-prescription (over-the-counter) medication, dietary supplements and nutritional supplements that were ingested by the officer during the past 14 days. Candidates for law enforcement employment are not required to complete a medication information form at this time. B. Collection of Specimens 1. Throughout the testing process, the identity of individual law enforcement officers shall remain confidential. Individual specimens and forms shall be identified throughout the process by the use of social security numbers. At no time shall a name appear on any form or specimen container sent to the State Toxicology Laboratory. 2. Specimens will be collected utilizing equipment and supplies approved by the State Toxicology Laboratory. Under no circumstances shall a specimen be collected and submitted for analysis in a specimen container that has not been approved by the State Toxicology Laboratory. 3. The procedures for labeling, collecting and sealing urine specimen containers are set forth in Attachment B. 4. Every effort shall be made to ensure the privacy of individual officers who have been directed to provide a specimen. Therefore, individual officers will void without the direct observation of monitors. This means that while the monitor may be present in the area where individuals void, there can be no direct observation of the officer’s production of a specimen. However, it is the responsibility of the monitors to ensure the accuracy and integrity of the test. Therefore, monitors can, among other things, direct an individual officer who has been selected for drug testing to remove outer clothing (jackets, sweaters etc.), empty their pockets, and wash their hands under running water, before they produce a specimen. In addition, monitors may wish to add tinting agents to toilet water and secure the area where the specimens are to be collected prior to conducting individual drug tests. 5. If the monitor has reason to believe that an individual officer will attempt to adulterate or contaminate a specimen, substitute another substance or liquid for their specimen, or compromise the integrity of the test process, the monitor may conduct a direct observation of the individual officer. If a monitor concludes that direct observation is necessary, he or she must document the facts supporting the belief that the officer will attempt to compromise the integrity of the test process before there can be direct observation. 6. After a specimen has been produced, the officer shall seal the specimen container and deliver it to the monitor. The monitor shall take possession of the specimen and ensure that it has been properly labeled and sealed. The monitor must check the temperature tape on the specimen container within five minutes of collection. A reading between 90º and 100º F is acceptable. If the temperature tape does not indicate the acceptable temperature, the monitor must examine the possibility that the officer attempted to tamper with the collection. 7. At the conclusion of the test process, the monitor shall ensure that all chain of custody documentation has been properly completed and make arrangements for the specimen to be delivered to the State Toxicology Laboratory. 8. Individuals who are unable to produce a urine specimen may remain under the supervision of the test monitor until the monitor is satisfied that the individual cannot produce a specimen. While the individual is under supervision, the monitor may direct the individual to drink fluids in an attempt to induce the production of a specimen. If the individual remains unable to provide a specimen after a reasonable period of time, the monitor may have the individual examined by a doctor to determine whether the inability to produce a specimen is the result of a medical or physical infirmity. If there is no valid reason why an individual officer cannot produce a specimen, the inability to produce a specimen shall be deemed a refusal to cooperate with the test process and the appropriate action taken against the officer. C. Second Specimen 1. NJIT Police Officers and trainees have the option to provide the monitor with a second urine specimen. This second specimen must be collected at the same time and the same place as the first specimen. The second specimen must be given contemporaneous with the first specimen, in other words, during the same void. The second specimen shall be collected in the same fashion as the first specimen. The monitor shall take possession of the second specimen and place it in a secured refrigerated storage area. 2. The NJIT Police Department shall maintain possession of the second specimen for a period of 60 days or until the agency receives notification from the State Toxicology Laboratory that the first specimen tested negative for the presence of controlled substances. 3. The second specimen shall be released for analysis by the law enforcement agency under the following circumstances: a. The agency is notified by the State Toxicology Laboratory that the first specimen tested positive for a controlled substance; and b. The agency is informed by the officer whose specimen tested positive that the officer wishes to have the specimen independently tested; and c. The officer designates a laboratory that is licensed as a clinical laboratory by the New Jersey Department of Health under the New Jersey Clinical Laboratory Improvement Act to conduct the independent test; and d. A representative of the licensed clinical laboratory takes possession of the second specimen in accordance with accepted chain of custody procedures within 60 days of the date the specimen was produced.