Can I Sue For A False Positive Drug Test?

Is a failed drug test 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 ….

Do background checks show failed drug tests?

The most common background checks consist of criminal history, education, previous employment verifications, and reference checks. These reports could also include results of pre-employment drug testing.

Can I retake a failed 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. No you cannot retake.

Can you fight a positive drug test?

Some companies will allow strong candidates to retake a 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.

What should I do if I get a false positive drug test?

If you have any questions about false positive substance results from a test, speak with a medical professional. Let the medical professional administering the screening know if you are taking any of these medications. If you experience what you believe to be a false positive, request a second drug screening test.

What if my drug test is positive?

A positive result means that one or more of the panel drugs were detected at a certain concentration. A negative result means that the panel drugs weren’t detected at the cut-off concentration, or at all.

Are drug test results considered medical records?

If an employer elects to maintain drug testing results as part of the employer’s medical program, then drug testing results would be considered a medical record under §1910.1020.

Does Doctor patient confidentiality apply to drugs?

42 CFR Part 2 specifies that substance abuse treatment programs are not permitted to disclose any patient information that would directly or indirectly identify a patient having previous or current alcohol or drug abuse problems, unless the patient’s written consent is obtained.

What happens if you test positive on a pre employment drug test?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

How long does it take to find out if you failed a drug test?

Negative results are usually received within 24 hours; however, a positive screen will require further testing that may take a few days up to one week. If the initial screen is negative, a medical review officer (MRO) will typically contact the employer with the results.

Can other jobs see if you failed a drug test?

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.