Drug Free Workplace

Magestry

Two questions please. What file should we keep the pre-employment drug test in, medical File, or Personnel File? If we keep it in a Medical file, this would mean that we would have to creat two files for every employee, is this the case?

Can we have a policy in place to deduct from an employee's paycheck the pre-emploment exam fees, if they leave the workplace prior to 90 days of employement?

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-27-02 AT 12:58PM (CST)[/font][p]I'd create a separate medical file for the results and all other medical info. I work for a local government in NC and that's what we do. I've worked for major corporations as well. They do the same and have done so for longer than I can remember. I'm not sure what law, if any, covers this. Every place I've worked, supervisors were permitted to review their respective employee's personnel files. However, except for the employer's medical professionals and the employee, access to medical files by anyone else was always a no-no. Perhaps it's because of the special sensitivity involving medical information.

I do know that under the Americans with Disabilities Act, a person is considered disabled if percieved to be. You, therefore, wouldn't want someone noseying around in a personnel file and discover info that results in the employee being treated as disabled. For instance, immagine the ramifications if it was revealed that the employee is HIV positive. That's incentive enough for me to create two files. As far as charging for the exam fee, you should check the laws of your state.

Don D

Although we do keep the results of pre-employment drug screens in the separate medical file, I disagree with Gar and some others who equate drug screen results with medical files. Under the ADA (which is the act which first required separate files for medical information), a post-offer, pre-employment drug urinalysis is, by definition, NOT a medical examination and the results legally can remain in the personnel file. The catch comes, however, when (if) the positive drug test turns up an indication of a medical condition that might lead to assumptions or indications of a disability or medical condition. It's just wiser and simpler to treat the drug screen results as information destined for the medical files. Its also easier to train the person who does all the filing when you tell them they all go to the medical files rather than some going to the personnel file. Don in MS.

Down_the_Middle

Magestry:
Gar's advice is on target for the separate medical file.

Your questions about deducting for the cost of pre-employ physicals is likely determined by the state you live in. Altho many states prohibit charging employees for these costs as a condition of employment, your state may have broader latitude. In Louisiana, for instance, employers can charge employees for the costs of med exams, drug testing, etc... if the employee terminates within the first 90 days of employment----assuming the employee is paid a min of $1.00/hr above the fed min wage rate and other requirements. Suggest you determine how your state specifies this issue.

System

Sorry, Florida law doesn't let you charge employees for initial drug screens, no matter how long (or not) they have been working for you. The only time you can charge employees for drug testing is if they request additional drug screens for retesting, etc.

AnaFL

We too have never charged and we do keep the results in a separate medical file for each employee.