What is a PoTA?
A Programme of Testing & Analysis is a situation that has to change globally. For far too long the workplace has been using phrases like:
- ‘Test Mediums’, that’s wrong, the phrase should be ‘Sample Mediums’.
- ‘Testing’, that’s wrong, it’s ‘Testing or Sample Analysis’, explained below.
- ‘Point of care devices’, this is wrong, it is a clinical phrase for instant result test kits. The workplace uses ‘Due Diligence Devices’ that are simply passed or failed.
- ‘Presumptive positive’ is used alongside ‘non-negative results’, both phrases are wrong and ambiguous, both are clinical language, not workplace language. The definition of non-negative is either negative or positive. You cannot presume a positive without a toxicology report when dealing with full or part time contracted employees, you must have evidence to defend your formal decision against challenge.
- ‘Chain of Custody’, this is wrong, every sample collection is a workplace investigation and the phrases used should be: ‘evidence’, ‘evidence controls’ and ‘evidence continuity’ especially for BTL samples.
- ‘Chain of Custody Form’ (CCF), this wrong, the donor is not consenting to chain of custody, the donor is consenting to workplace sample collection which in every request made requires consent. The document that collects that consent / refusal is also a documentary evidence document aligned to unconfirmed or confirmed toxicological evidence. At TOX247 Ltd we call it the ‘Sample Collection Consent Form’ (SCCF) and we have both unconfirmed and confirmed toxicology options on the same SCCF.
What is Sample Testing?
What is Sample Analysis?
Each of the above definitions are applied to the TOX247 three categories of need to test or analyse employee or contractor samples, which are:
| Category 1 | Category 2 | Category 3 |
|---|---|---|
| Testing or analysis for statutory illegal substances or legal Is for statutory illegal substance use or legally prescribed substances used illegally. Generally, the employer will have no knowledge of a donor’s use of illegal substances, it is only the PoTA that will expose / detect this illegal activity. Illegal substances are simply used: you cannot misuse an illegal substance, the fact it is illegal dictates there are no legal guidelines. The measure of illegal substance use is: Casual, Regular, or Chronic / Chaotic. Note: Category 1 involves illegal drug use, generally having a zero tolerance in the workplace with a mandatory countermeasure by law, insurance obligations and in the interests H&S and other legislations. It is the toxicology of analysis that will be applied to company contracted employees. It is the unconfirmed toxicology of DDD testing that is applied to contractors and other situations such as induction protocols and more. | Is for legal substances where the measure is Misuse, Abuse, Disorder has developed or is developing. Category 2 allows for those employees who are suffering the side-effects of debilitating medications to declare the fact they are not able to meet their legal duty to be fit for work. It is also testing for legal substances, such as alcohol, which can become illegal in certain situations and where limits need to be set within the company SAMP. Generally, the employer will have no knowledge of this and rely on the PoTA to expose / detect a problem that requires the employee, or a situation, to be managed. Note: Category 2 involves legal substance use/misuse/abuse/disorders, which requires the employer to have mandatory management countermeasure by law, insurance obligations and in the interests H&S and other legislations. It is the toxicology of analysis that will be evidential. | Is provided under the controls of a structured Employee Assistance Programme (EAP) intervention that allows the employer to manage Categories 1 & 2 in the full knowledge they must manage the donor’s self-referral to a conclusion or commercial decision. In all situations of Category 3, the employer now has full knowledge of the employee’s predicament, whether illegal substance use or legal substance misuse / abuse / disorder exists. Note – Category 3 requires that an employee has to meet the EAP enrolment criteria before they can be enrolled voluntarily into a recovery-oriented treatment programme for an ultimate decision as to their fitness carry on working in the company in the same or another capacity. This category requires the employer to have mandatory management countermeasure by law, insurance obligations and in the interests H&S and other legislations. An employee who self refers an issue cannot be dismissed for the reason to self-refer. Assessments, practices, processes, and procedures must be conducted for formal decision making regarding the employee within Corporate Governance. It is the toxicology of analysis that will be evidential. |
Sample Mediums
Other Physiological Sample Mediums
Remember, if you call law enforcement to your business regarding an illegal substance management issue, your burden of proof moves to the highest level, beyond all reasonable doubt. They are only interested in the evidence of prosecuting a specific law(s). Law enforcement do not resolve your underlying issues or workplace countermeasures and management that sit in the balance of probability. Be sure you are in control of your business and its Corporate Governance. You will not have any employee / profession that has our knowledge or expert witness testimony, give us a call, we would enjoy being part of your expert team.
There is much more to this TOX247 PoTA process. We will work with you, for you and your employees. All of this is just one part of the overall TOX247 Workplace Substance Management Programme (WSMP).
