drug testing

yoko · September 2003

My company does pre-employment drug testing. If an applicant tests positive and they ask for a copy of the report, am I obligated to give them one or by law am I required to release the report to them?
I am located in Kentucky.

Thanks!

JM in ATL · September 2003

Well that really all depends on your company policy, and I am assuming that since you are asking, this may not be included.

I believe according to the Drug-Free Workplace Act that if the employee requests to see the results within 5 days, they are allowed to see it. I know that if they were convicted for drugs, they would have 5 days to report it to their employer, but I will have to double check on allowing them to see the report. Just out of curiosity, why wouldn't you let them see it?

Are they curious as to what drug actually screened positive?

Were there that many to choose from?

ray a · September 2003

Never had anyone ask for a copy of the report, even though we have had several test positive. If asked, I would give them a copy. If there are any issues with the validity of the test, it is up to that individual to work it out with the health care provider who performed the test. I do not play advocate.

flaroyale · September 2003

Wouldn't that be the responsibility of the MRO. They have to contact the employee with the results, and determine if there is a legitimate reason for the positive result prior to contacting the employer. The employee can request a retest of the same speciman.

ray a · September 2003

The provider contacts the ee, but they send the test results to me. Our provider will not retest the same specimen, they must give a new specimen at their expense.

mushroomHR · September 2003

If someone does not pass a pre-employment drug test the hospital contacts us. We contact the individual and tell them they tested negative in their pre-employment test and that we are sorry but we cannot hire them. We have never had anyone ask for a copy but if they did, we would give it to them. If they dispute it they would have to take it up with the hospital. We would still not hire them.

mmscott · September 2003

My experience working for an employment agency. We usually got the question: "positive for what?" HMM Been to any parties recently? But if they wanted a copy I would give it to them. When it came time for them to pick it up, I would offer to have them take he test again. If they didn't take it right on the spot then the positve result would stand firm and they would not be hired. Often I would tell them it cost $20 to retest and they would just never bother again.

Parabeagle · September 2003

Likewise, I've never had an applicant ask for a copy of the report. Conversation usually ends quickly after I tell them they've tested positive for (insert your favorite metabolite here). It's only current employees caught in a random test sweep and test positive who usually ask to see the results when confronted. Unlike one of the previous posters, however, our lab will re-test the same specimen at the employee's expense if the employee wants to fight it. When you think about it, why would an employee go down for a retest with a new specimen? If he's given his body a chance to purge itself, the test will come back clean, but that doesn't have any relevance to the previous positive test.

drug testing

Comments