Positive drug test results rebutted as "false positive" by employee's expert witnessOffice of Administrative Trials and Hearings, OATH Index No. 1717/18A New York City correction officer who tested positive for morphine and codeine denied that he had used illegal drugs and claimed that the test result was a "false positive."OATH Administrative Law Judge John B. Spooner found the officer's witness had rebutted the employer's allegation that the employee had tested positive as the result of having ingested unlawful drugs and he recommended dismissal of the charge. The ALJ credited the officer’s testimony that he had eaten bagels that contained poppy seed prior to the drug test. Judge Spooner found the qualifications of the officer’s expert, a toxicologist, were superior to those of petitioner’s expert, the lab manager. The toxicologist had testified that the relatively low levels of the drugs found in the…
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