Can employers share drug test results with other companies?

Can employers share drug test results with other companies?

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.

Are drug screen 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 …

Can a company only drug test one person?

In some states, companies cannot conduct blanket drug tests of all employees or random drug tests; the testing must be focused on an individual, either because the employer has a good reason to believe that person is using drugs or because the person’s job carries a high risk of injury or damage if performed by someone …

Will they tell me if I fail a drug test?

You probably won’t hear from the company about the drugs test result if you have passed it, but if you fail,you can expect to hear from a Medical Review Officer (MRO). If you lie, they will know because they have access to the drug test results and know what was in your system when you took the drug test.

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.

Can you sue for a false-positive drug test?

If you feel you’ve been the victim of a false-positive drug screen and have been affected, you can file a lawsuit. First, determine a monetary value of your case. If you believe it is under $25,000, your case can be filed in Civil Court.

How long does a failed drug test stay on your DAC report?

three years
In addition, failing a DOT drug and alcohol test remains on your record for three years. While this may not seem very long, if you are terminated because of the drug test result, the termination remains on your record for even longer.

Do failed drug tests get reported?

The Process of a Failed DOT Drug Test DOT drug test results are reported directly to the employer. This means that if your test comes up positive, your employer will know. While many of the drugs tested for may be illegal, there are legal and medical reasons why a test may result in a positive.

Can a company share your drug test results with other employees?

However, if another person from the same company finds out, its much more difficult to establish a cause for legal recourse. Depending on what the other employees role in the company is, he/she may have needed to know.

How are drug tests done in the workplace?

The company performs pre-employment screens as well as random drug testing among those already employed. With over 9.1 million tests on record, and after a large drop in positive tests from 1988 to 2012, the past few years are seeing a rise in positive drug tests for marijuana, cocaine, and methamphetamine.

Can a company terminate an employee based on a non accredited drug test?

Terminating an employee based on results from a non-accredited drug testing center may subject the employer to liability. In the case of Nacague vs. Sulpicio Lines, the employee was found positive for drugs by an unaccredited drug testing center. Sulpicio Lines terminated the employee’s services based on those drug tests.

What should an employer do if their employee is positive for drugs?

If the employee is found to be positive under the two-step test, the employer and the HR must now exercise vigilance and take immediate action. Drug use affects the work performance of the employee; it likewise makes him a safety risk to the workplace.