Meat + Poultry - February 2005 - 109

Labor
Equally important to the analytical
procedures used at the testing facility are
proper sample handling and establishing
a full chain of custody from collection of
the sample to the reporting of the results.
By documenting the chain of custody at
the point of collection and ensuring that
the testing laboratory employs a rigid
chain of custody procedure, the evidentiary value of the test result is less open
to challenge.
Confidentiality of all information pertaining to an employee's drug test is critical. Recognizing the privacy interests of
individuals, virtually all state laws that
address drug and alcohol testing require
that test results be held confidential and
prohibit the employer from disclosing
this confidential information except in
limited circumstances.
These statutes typically permit
disclosure of such information if the

employee signs a specific consent
form. Depending on the jurisdiction,
the consent form must contain, at a
minimum, the name of the person who
is authorized to obtain the information,
the purpose of the disclosure, the precise information to be disclosed and
the duration of the consent. Additionally, some statutes permit disclosure of
such information in response to an order or subpoena from a state administrative agency or a court of competent
jurisdiction.
Privacy interests aside, the liability
facing an employer that either has no
drug and alcohol testing program or
who fails to administer the program in
a consistent, unbiased fashion, can take
many forms. Employers can be exposed
to charges of breach of employment
contract, wrongful discharge, defamation, negligent hiring or supervision,

or employment discrimination claims
made pursuant to Title VII of the Civil
Rights Act of 1964.
The subjects addressed above are
not exhaustive. A drug and alcohol
testing policy is just one component of
an effective substance abuse program,
which should also include supervisor
training, employee education, and employee assistance. Employers should
view the expenses associated with a
drug and alcohol testing policy as a
cost of doing business.
The author is a partner in the Houston law firm of Alaniz and Schraeder
L.L.P. Legal topics provide general
information and not specific advice.
We would like to hear from you- your comments
and questions about this article are welcome.
E-mail the author at: meat&poultry@sosland.com

Formulation

Spices
& Seasonings

Hydrocolloids

FLAVOR

New Product
Concept

Costs

TEXTURE
Flavors

Emulsifiers

Processing
& Storage

ADVANCED FOOD SYSTEMS,INC.
WE DON'T MAKE YOUR FROZEN FOODS, WE MAKE THEM FREEZE / THAW STABLE.
WE DON'T MAKE YOUR SOUP AND SAUCES, WE MAKE THEM MORE FLAVORFUL.
WE DON'T MAKE YOUR CHICKEN, BEEF, OR FISH, WE MAKE THEM MICROWAVABLE.
WE DON'T MAKE ANY OF YOUR PRODUCTS, BUT WE MAKE THEM BETTER.
We make them crispier, juicier, creamier, better flavor, longer shelf life,
easier processing, lower cost...
Our food technologists and culinary specialists will provide you with solutions through our proven
systems - Actobind®, Actoloid®, TexRite®, SeasonRite, Sealtite®, Seal 'N Crisp, Seal 'N Season, FlavorTex,
FreshLite, SaucyGlaze, ReadiCream®, and more. Call us today!

L e t us s o l v e y o u r

f l a vvor
or &

t ext Ule problems...

ADVANCED FOOD SYSTEMS, INC. · 21 ROOSEVELT AVENUE · SOMERSET, NJ · 08873
PH. (732) 873-6776 · FX. (732) 873-4177 · afsnj@prodigy.net · www.advancedfoodsystemsinc.com
For more information, see Page 69
www.MEATPOULTRY.com

February 2005

MEAT&POULTRY

http://www.advancedfoodsystemsinc.com http://www.MEATPOULTRY.com

Meat + Poultry - February 2005

Table of Contents for the Digital Edition of Meat + Poultry - February 2005