Are pre employment drug test results confidential?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

Are drug test results confidential?

Drug test results are considered to be confidential. Any medical information about an employee, including drug test results, should be kept in a separate file from general personnel records.

Do employers have to tell you about pre-employment drug test?

Sometimes an employer will want to test you for drugs before they offer you a job. A pre-employment drug test is when an employer wants you to take a drug test before they hire you. … If this is the case, the employer should explain this when they request that you take a drug test.

Do drug tests violate Hipaa?

HIPAA stipulates that “covered entities” must provide HIPAA-compliant authorization before releasing drug and alcohol test results. Collection facilities or labs employed for the drug test will typically have an authorization form.

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Do pre-employment drug tests infringe on personal privacy rights?

Invasion of Privacy

Challenges to workplace drug testing policies on grounds that they violate employees’ privacy have not been successful. But while drug testing itself usually does not violate an individual’s rights, the manner in which the test was conducted (or its results utilized) may sometimes cross the line.

Do failed drug tests go on record?

In many cases where the drug is illegal, or there is no medical reason for using it, employment may be terminated. In addition, failing a DOT drug and alcohol test remains on your record for three years.

Can an employer share your drug test results?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

What happens if I fail a pre-employment drug test?

Generally speaking, if you fail a pre-employment drug test, the company may legally refuse to hire you. And, if you fail a drug test while employed, your employer may legally terminate your employment or prevent you from being promoted.

What shows up on a pre-employment drug test?

Typical drugs screened in a pre-employment urine drug test include marijuana, cocaine, amphetamines and methamphetamines, PCP, opiates, with the option for employers to test for many additional substances.

Will employer call if you fail drug test?

Following a negative result: If your test results are negative for drugs, it is common for a medical review officer (MRO) to contact your employer with the results. Your employer will then typically contact you regarding next steps of the hiring process.

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When employees test positive for drugs?

An employee whose drug test comes back positive has the right to contest the result. They can request the same sample be retested at another licensed and approved laboratory at their expense. However, it is not advisable to let the employee retest, as time has passed and they might attempt to cheat the test.

Can you fight a failed drug test?

If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.

How do you fight a false positive drug test?

The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result. Ask if the pharmacist can provide written documentation to this effect and bring a copy to the test site.

Why is drug testing unfair?

Indiscriminate drug testing is both unfair and unnecessary. It is unfair to force workers who are not even suspected of using drugs, and whose job performance is satisfactory, to “prove” their innocence through a degrading and uncertain procedure that violates personal privacy.

Is random drug testing unconstitutional?

While drug testing is a search within the meaning of the Fourth Amendment, the Supreme Court held in Nat’l Treasury Employees Union v. Von Raab (489 U.S. 656, 1989) that random testing is constitutionally permissible if it serves special governmental needs.

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Does drug testing welfare recipients violate the 4th Amendment?

The Fourth Amendment’s protection against unreasonable searches and seizures prohibits suspicionless drug testing for welfare applicants.

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