Recently, a client asked me if they needed to adjust their drug testing policy so a transgender employee could choose the gender of the person observing them urinate for a test. Obviously, the person wanted the employee to feel comfortable with who was in the room with them. First of all, having another employee watch you urinate can be uncomfortable for anyone, for any reason, but it is a requirement for some drug tests in order to ensure that the testee doesn’t bring in a bag of someone else’s urine to exchange as their own. If the reason is not obvious, it is so they do not test positive when they know they have been under the influence of drugs or alcohol. So, I did some research and thought it would be good to share this information for other employers, managers, small business owners and HR managers who may have similar questions. What are the requirements to be an observer for a direct observed collection? According to the Mandatory Guidelines for Federal Workplace Drug Testing
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