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May 8, 2008

The SOFT/AAFS Forensic Laboratory Guidelines (http://www.soft- tox.org/docs/ Guidelines% 202006%20Final. pdf) only refer to "local, state, or federal regulations" (apparently for political reasons).

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SOFT / AAFS Forensic Laboratory Guidelines 2006

7.2.8 Specimens may be transferred to a secure long-term refrigerator/ freezer after analysis. Transfers between storage areas and/or subsequent disposal should be documented. The laboratory should develop a standard operating procedure for retention and disposal of specimens. This procedure should reflect local, state, or federal regulations.

7.2.9 The laboratory should maintain a written policy and instructions pertaining to retention, release and disposal of specimens.

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However, the federal regulations, such as the HHS guidelines for workplace drug testing (http://www.workplac e.samhsa. gov/fedpgms/ Pages/HHS_ Mand_Guid_ Effective_ Nov_04.aspx) require a one-year retention of positive samples:



DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration

Mandatory Guidelines for Federal Workplace Drug Testing Programs


Subpart C--Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies

3.1 Introduction.
3.2 Goals and Objectives of Certification.
3.3 General Certification Requirements.
3.4 Capability to Test for Five Classes of Drugs and to Conduct Validity Tests
3.5 Initial and Confirmatory Capability at Same Site.
3.6 Personnel.
3.7 Quality Assurance and Quality Control.
3.8 Security and Chain of Custody.
3.9 One-Year Storage for Positive, Adulterated, Substituted, and Invalid Specimens.
3.10 Documentation.
3.11 Reports.
3.12 Certification.
3.13 Revocation.
3.14 Suspension.
3.15 Notice.
3.16 Recertification.
3.17 Performance Testing (PT) Requirement for Certification.
3.18 PT Program Samples.
3.19 Evaluation of PT Sample Results.
3.20 Inspections.
3.21 Results of Inadequate Performance.
3.22 Listing of Certified Laboratories

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The DOT regulations (http://www.datia. org/pdf_resource s/part_40. pdf) also use a one-year retention policy in compliance with HHS guidelines:

49 CFR Part 40

Procedures for Transportation Workplace
Drug and Alcohol Testing Programs; Final
Rule
VerDate

Section 40.99 How Long Does the
Laboratory Retain Specimens After
Testing?

We have simplified this section.
Specimens which were positive,
adulterated, substituted, or invalid must
be kept for one year. In response to
requests from commenters, we have
provided that the laboratory must keep
the specimens longer only if they
receive a request from an employer,
employee, MRO, C/TPA, or DOT agency
representative. Absent such a request,
the laboratory may discard the
specimen. This rule applies to primary
and split specimens alike. With respect
to negative tests and specimens rejected
for testing (e.g., because of a fatal or
uncorrected flaw), the laboratory should
follow HHS guidance. We do not believe
it is necessary to restate the guidance
here.

The generally accepted standard in forensic sciences for sample retention is at least one year. However, although they should, some local or state regulations/ laboratories may not accept forensic and federal standards.


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