Reasonable Suspicion Drug Test and HIPAA

chestnut

If an employee is taken by a manager for a reasonable suspicion drug test following Company rules for same, is the fact that the drug test was done covered under the privacy aspect of HIPAA? Does it make a difference if the test came back negative? Can a co-worker who gossips about the test be prosecuted under HIPAA or other Federal law? Thanks.

Parabeagle

I don't think HIPAA applies in this case. It's accepted that a drug test (using a urinalysis, not a blood sample) is not a 'medical exam' within the meaning of the law.

ray a

I agree with Beagle, drug tests are not protected.

Irie

It doesn't fall under HIPAA but you still need to maintain confidentiality.

ray a

True, we in HR or management should not be spreading this type of information. But, correct me if I'm wrong, HIPAA doesn't address coworker gossip.

E Wart

Drug free work place testing is like LTD and W/C ... not covered by HIPAA. Howver, if you are in TN and you have a policy that meets your state requirements (for w/c premium redution), you might want to check with your State Drug Free Workplace Coordinator (Part of the Work Place/Labor Dept.)
There is no way a person knows what the outcome of a drug screen will be until it is done. I don't think that having some one take the test could get you in trouble as long as you follow your requirements and laws. However, slander or liable could come into play if it is discussed. Management should keep their mouth shut. (Also hope you have good procedures for deciding to have a reasonable suspicion drug screen done). Our policy is that HR, or the President have to sign off on it before it can be done and a questionnaire has to be completed to document it. (You don't want managers who don't like an employee to take off and do this type of thing to get back at an employee.)
E Wart