Hair-follicle drug testing is a relatively new tool for use by employers and law enforcement agencies in their efforts to detect illegal or recreational drug use. While it is generally considered more accurate than urinalysis or other detection methods, hair testing has suffered the occasional legal setback. Further, the results of some scientific research invite potential legal obstacles, which hold the potential of marring the utility of these tests. .
Function
According to a publication titled "Drug Testing In Hair" by Pascal Kintz, various drug metabolites make their way through the bloodstream after ingestion and eventually are deposited at the base of the follicle, from which hair strands are generated. As the hair grows, the metabolites are forced into the center of the strand. A follicle test is conducted by clipping 1.5 inches of hair from very close to the scalp. It is then analyzed in a laboratory where the test results are quickly determined. (See references 1 and resources 2)
History
In 1988, Congress passed the Drug Free Workplace Act, which required all companies holding or desiring contracts with the U.S. government to drug test their employees. (See references 2) Since that time, government mandates have evolved to include random drug testing for all workers employed in safety-sensitive positions, such as airline pilots and truck drivers. Most of these come under U.S. Department of Transportation (DOT) guidelines, which recently updated its testing rules. (See resources 1) While the DOT criteria do not differentiate between urine and hair analysis, other federal criteria do.
Deborah M. vs. Superior Court
In April 2005, California's Fourth District Court of Appeal decided a child-custody case in which a trial court had previously ordered the child's mother to submit to a hair-follicle drug test. The appellate court, in siding with the mother, rejected any hair analysis by stating that court-ordered drug testing must conform to federal drug testing procedures and standards. Currently, federal standards only support urinalysis testing. (See references 3 and resources 3)
Possible Bias
Medical research described in the publication titled "Drug Testing In Hair" reveals a potential bias that appears to be inherent in hair-follicle testing. According to these findings, hair belonging to people of Caucasian ancestry, particularly blond hair, does not retain drug metabolites as well as that belonging to people of other ancestries. Such findings open the possibility of future litigation as the previous drug practices of non-Caucasians would be detectable and punishable for longer periods of time. (See references 1)
Considerations
For the most part, there is little difference in the law regarding which type of drug-testing procedure an employer or law-enforcement agency chooses to use. Hair-follicle testing is very accurate and continues to grow in popularity. Still, this particular procedure has not yet received the technical and legal acceptance of urinalysis, and potential legal hurdles to full acceptance may still loom in the future.
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