Guam § 75105 - Drug Testing/Urinalysis.

Full text of Guam Guam Code Annotated § 75105 — Drug Testing/Urinalysis., with citation guidance and answers to common questions.

§ 75105. Drug Testing/Urinalysis.

(a) Obtaining Urine Samples

(1) The employee designated to give a sample must be positively

identified prior to any sample being obtained.

(2) The room where the sample is obtained must be private and

secure with documentation maintained that the area has been searched

and is free of any foreign substance. An observer of the appropriate sex

shall be present for direct observation to insure the sample is from the

employee and was actually passed at the time noted on the record.

Specimen collection will occur in a medical setting, and the procedures

should not demean, embarrass, or cause physical discomfort to the

employee.

(3) An interview with the employee prior to the test will serve to

establish use of drugs currently taken under medical supervision.

(4) Specimen samples shall be sealed, labeled and checked

against the identity of the employee to insure the results match the

testee. Samples shall be stored in a secured and refrigerated

atmosphere until tested or delivered to the testing lab representative.

(b) Processing Urine Samples

(1) The testing or processing phase shall consist of a two step

COL12302011

procedure.

A. Initial screening, and

B. Confirmation step

(2) The urine sample is first tested using a screening procedure. A

specimen testing positive will undergo an additional confirmation test.

An initial positive; rather, it should be classified as confirmation

pending.

(3) The confirmation procedure should be technologically

different than the initial screening test. Notification of test results to

the supervisor or internal affairs investigator will be held until the

confirmation test results are obtained. In those cases where the second

test confirms the presence of drugs or drugs in the sample, the sample

will be retained for six (6) months to allow further testing in case of

dispute.

(4) The testing method selected shall be capable of identifying

marijuana, cocaine, and every major drug or abuse including heroin,

amphetamines and barbiturates. Personnel utilized for testing will be

certified as qualified to conduct urinalysis, or adequately trained.

(5) Employees who have participated in the drug test program,

where no drugs were found, shall receive a letter stating that no illegal

drugs were found. If the employee request, such a copy of the letter

will be placed in the employees personnel file.

(c) Chain of Evidence-Storage

(1) Where a positive is received, urine specimens shall be

maintained under secured storage for a period of not less than six (6)

months.

(2) Each step in the collecting and processing of the urine

specimens shall be documented to establish procedural integrity and

chain of evidence.

Frequently Asked Questions About Guam § 75105

What does Guam Code Annotated § 75105 cover?

Section 75105 ("Drug Testing/Urinalysis.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Guam § 75105?

A common citation format is "Guam Code Annotated § 75105" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Guam law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.

How does Guam § 75105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Guam.