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 a failed drug test 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.
Does a failed pre employment drug test show up on a background check?
Do drug test results show up in background checks? In the case of a job applicant, the drug test results are sent to the company that asked to conduct the test and are not released into public records. Thus, a prospective employee who fails a drug test requested by an employer can still get a job at another company.
Can employers disclose a failed 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.
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 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.
What are the consequences of failing a drug test?
If they fail a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must “reasonably accommodate” employees who want to seek drug or alcohol abuse treatment.
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.
Can you retake a pre-employment drug test?
No. If you fail a drug test you are not able to retake and will not be considered for employment with the company.
What shows up on an employment background check?
What does a background check show for employment? … Generally speaking, a background check for employment may show identity verification, employment verification, credit history, driver’s history, criminal records, education confirmation, and more.
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.
What is a good excuse for failing a drug test?
Here are a few creative excuses relayed to us:
- “I was at a party over the weekend – can I retest later?”
- “I didn’t know the brownies I ate were laced with pot!”
- “I took some elephant tranquilizers. …
- “It must have been the tea that my wife gave me last night.”
- “My dentist gave me cocaine for my sore tooth.”