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FAIRFIELD -- Urine and chromates have
prompted a pair of lawsuits, one against Solano County, which settled last week,
and another which awaits a hearing in federal court next month.
Robert Towner, a Solano County
Transportation Department maintenance worker, filed the lawsuits. He had never
heard of chromate before his life was turned upside down when a laboratory
reported it had found the substance in Towner's urine.
A few days after the long Thanksgiving
weekend last year, Towner's boss in the county transportation department told
him he had to take a random drug test.
The test was nothing new to Towner. The
urine test is a routine check the county requires of its vehicle operators,
including Towner, to insure they aren't driving while under the influence of
marijuana or other illegal drugs.
While the urine check had been a routine
part of Towner's job, it became decidedly unroutine when the county told him
they were going to fire him because chromate had been found in his urine sample.
"Chromate?" Towner asked.
Chromate was what a lab contracted by the
county claimed they found in Towner's urine sample which they labeled
"adulterated."
Chromate is a chemical compound labeled as
a detoxifying agent by a handful of companies who peddle the product under names
such as Urine Luck with promises that adding chromate to a urine sample will
allow the sample to pass a lab's scrutiny.
Towner denied he had tampered with his own
urine. He told county officials the mysterious substance might have come from
dietary supplements he was taking.
County officials rejected Towner's
explanation, saying they considered an adulterated test to be the same as a
positive test.
It was not until March when Towner
reluctantly signed off on a "last chance agreement" enabling him to keep his
job, although he would have to serve a 30-day suspension without pay.
But Towner didn't roll over entirely. On
the same day he reached an agreement with the county, he filed a lawsuit against
the county's contracted lab company seeking at least $25,000 in compensation,
saying their negligence led to his being defamed and suffering from emotional
distress.
"His reputation has been destroyed and he
is now viewed as a liar," said Towner's attorney, Mark Pollock of Napa. "He
absolutely did not have a dirty urine test. We are hoping to clean up the test
results."
Pollock believes herbal or vitamin
supplements, whose ingredients are unregulated by the government, could be the
cause for the test results. But Pollock's efforts to investigate his beliefs
were thwarted by the lab and county officials refusal to provide him with a copy
of the test results.
Pollock filed a separate lawsuit against
Solano County earlier this month, but negotiations with the county counsel's
office led to the lawsuit being dismissed.
Towner's lawsuit against the testing
company and two other labs that reviewed his sample is moving forward,
transferred to federal court earlier this month for a hearing in July because
laws about drug testing for vehicle operators are governed by the federal
Department of Transportation.
Towner is scheduled to return to work
Monday, Pollock said."
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