I recently took a pre employment mouth swab drug test which came back positive for meth. I had no idea it was going to be a mouth swab. Anyways, the company where the mouth swab was sent to for testing had a doctor call me with the results, there was a short recording about results being given to third parties, such as the DMV. if there was a threat to safety, I live in Oregon. Can they do this? When did companies start employing this practice?
Can a company test for drugs? Yes. Can they share the results with a 3rd party such as the DMV? As. Mr. Oberdorfer stated, that will depend on whether or not your employment contracts, company polices or any pre or post employment documents that you have signed states that they can or not.
Drug testing is a general screening process that most companies have with new employees, and randomly with existing employees. The US Supreme Court has recently ruled that the need for safety overrides the privacy rights of employees, as long as proper notice is given to the individuals who are to be tested. State law will determine on if those testing results can or cannot be divulged, and what rights you have signed away will have a drastic effect on that issue. Generally, all information obtained in a drug test is confidential to the employee and the employer, and if the employee consents for the drug test results to be given to other 3rd parties, they need to state in writing who those 3rd parties are that are authorized to receive it, the purpose of their receiving it, and what exactly is to be shared, the duration that access is granted, and if the information is or is not to be made public.
So, examine carefully every single document you have signed, all notices you have been given, and all the companies polices to regarding drug testing.
The above response is general information ONLY and is not legal advice, and does not create an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I do not represent you and you should seek the advise of an attorney before taking any action related to your inquiry.
Whether your positive meth results can be shared with third parties depends on whether you released that information. Typically that would be done in a signed release with the employer as part of the screening process. Take a look at all your pre-employment paperwork. You ask, "When did companies start employing this practice?" Companies have been interested in whether they're hiring drug abusers forever. They don't want to hire them for the same reason they don't want to hire drunks -- they don't want you missing work or showing up hungover / strung out. Many industries don't care about marijuana use, for example, because it's such an innocuous drug. Meth? Nobody thinks that's a good idea. Depends on the job you were applying for: heavy machinery? They probably want no drug use at all.
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