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Old 04-28-2006, 08:35 PM   #1
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Default pre-employment results release?

Is it normal for a clinic that conducts pre-employment drug tests to refuse to release results to the tested individual? The place that did mine told me it would only release the results to the potential employer, and not me. Why would they do this?
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Old 04-29-2006, 01:51 AM   #2
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So...anyone?
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Old 04-29-2006, 01:55 AM   #3
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Quote:
Originally Posted by WNB
Is it normal for a clinic that conducts pre-employment drug tests to refuse to release results to the tested individual? The place that did mine told me it would only release the results to the potential employer, and not me. Why would they do this?
The information is only released to the employer because they are the one that pay for the test.
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Old 04-29-2006, 03:08 AM   #4
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Correct. That is the way it is. The employer commissioned the test and Designated Employer Representative(s) (DER) is/are the only person(s) authorized to have any information regarding the drug test, sort of like a contract between the collection facility, laboratory, MRO and employer. You, as the donor, agreed to this when you signed the authorization form. (Labor laws and HIPPA laws).

You do, however, have a right to obtain a copy of your personnel file. You may need to make the request to your HR dept. in writing, but they MUST give you a copy of what is in your personnel file, including any medical information (drug tests, pre-employment physical reports, disciplinary actions, etc.).
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Old 04-29-2006, 04:32 PM   #5
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Correct. That is the way it is. The employer commissioned the test and Designated Employer Representative(s) (DER) is/are the only person(s) authorized to have any information regarding the drug test, sort of like a contract between the collection facility, laboratory, MRO and employer. You, as the donor, agreed to this when you signed the authorization form. (Labor laws and HIPPA laws).

You do, however, have a right to obtain a copy of your personnel file. You may need to make the request to your HR dept. in writing, but they MUST give you a copy of what is in your personnel file, including any medical information (drug tests, pre-employment physical reports, disciplinary actions, etc.).
Thanks.

One more question: Do you think about 36 oz. of water and a multiple vitamin taken an hour and a half before the test would make a 6'1'', 180 lb. guy show up as dilluted?
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Old 04-29-2006, 08:27 PM   #6
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Default make request in writting

the law has been for awhile now that you can submite a request in writting to obtain your results

CONFIDENTIALITY
[Sub Part P]


--------------------------------------------------------------------------------
§ 40.321 THE GENERAL CONFIDENTIALITY RULE:
No release of information without specific donor consent.
No "blanket consents."
Specific means for specified information for specified occasion.

--------------------------------------------------------------------------------
§ 40.323 Employers may now release subpoenaed information to civil or criminal courts WITHOUT DONOR'S CONSENT. The information should be released ONLY to the ultimate decision maker (e.g. judge) with written proviso that use should be limited.

--------------------------------------------------------------------------------
§ 40.129
(f) (1) Note that stand down waiver does NOT change confidentiality rules!
The waiver permits "stand down" only.
The waiver does NOT authorize DER to know test results.
Test result or name of drug STILL CONFIDENTIAL till MRO verification.


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Old 04-30-2006, 02:42 AM   #7
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testingmassiah is just a bit late and as usual, off topic and full of misinformation. This pertains to DOT testing REGULATIONS, not LAWS, and has nothing to do with whether you can receive results of a non-DOT test.

WNB:
The DOT allows for up to 40 ounces of water over 3 hours (average of 8oz per 1/2 hour). I would be willing to say you could drink up to twice that, 16 oz per 1/2 hour before you risk a diluted result. That also depends on the amount of diuretics (sp?) in your system such as caffeine containing products. They tend to cause your body to rid itself of fluid and add to the total volume voided. For example, if you drank 3 cups of coffee, then started your dilution method, you may have different results that if you omitted the coffee altogether. The dilution method is a great guideline, but everyone is a bit different. There is no real hard and fast rule as to how much you can drink without getting a diluted result.

If you guzzle the entire 36 ounces at one time, that next void or two might be diluted. That is why it is allowed in the regulations that you spread out the water intake evenly over 3 hours.

Timing is everything.
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