LIRC finds that drug testing of hair not valid in UI proceedings

I was involved in a recent remand hearing before the Labor and Industry Review Commission (LIRC) about whether positive drug tests of hair could show misconduct in an unemployment proceeding.

There were three days of hearing, mostly on expert testimony about the science of drug tests in general and of hair testing in particular. To get a flavor of what that hearing was like, here is the brief I submitted.

In July, LIRC issued its 14 pp. decision, finding that hair testing is NOT a scientifically valid way to determine drug use, and so no finding of misconduct can be based on a positive hair test result. It’s well written and worth a read if you want the latest info on hair testing.

For those who want to read even more about hair testing for drug use, the LIRC decision (and my brief) includes a link and discussion to a thorough review of hair testing methods and practices by the Massachusetts Civil Service Commission. At over a 100 pp., that decision is not a quick read. But, it covers pretty much everything about hair testing science.

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