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.
Can employers see past drug tests?
With a background check, employers are able to see any public record on file for the recruiting individual. Prior criminal convictions, including drug charges, are visible on a background check, but what is not visible is any prior failed drug test.
Is employee drug testing an invasion of privacy?
Because it enables employers to learn such personal medical information about employees, hair testing, like urine testing, is a serious invasion of privacy.
Can my employer drug test me without my knowledge?
Yes. Just like incoming applicants can be tested for drugs, so can existing employees. The only difference is, in most cases, your employer must have reasonable suspicion that you have been taking drugs before you can be tested.
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 tell another employer you failed a drug test?
In summary, test results and other PHI from a drug test should not be disclosed to another employer or to a third-party individual, government agency, or private organization without the prior written authorization of the person tested.
Does random drug test violate 4th Amendment?
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.
Can my work do random drug tests?
Can your employer randomly test you? Yes, random drug or alcohol testing is often implemented in an attempt to deter employees from misusing these substances. These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing.
How do you contest a 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.
Is it better to refuse a drug test or fail?
The US Department of Transportation recommends that you always “comply, then complain.” Even if you don’t agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
What happens if you fail a drug test for work?
In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.
Can I fail a drug test with a prescription?
The ADA specifically states that “tests for illegal drug use are not medical examinations and are not evidence of discrimination against recovering drug abusers when used to ensure the individual has not resumed the illegal drug use.” If an employee uses a prescription drug not prescribed to him or her, the ADA …