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mystoneybaby92

I have to take a urine test tomorrow to be hired for a 7 week temporary job (yes ridiculous) and I only had 24 hour notice. I am going to try to pass, but I don't think its going to work out. Anyways, my question is.. if I do fail does that go on my record at all? Will other potential employers be able to access that information when they do a "background check" on me. If so, I won't even take the test. Please let me know if you have any knowledge in this area. Thanks so much..

peace.

 

420godfather

...as far as I know the testing facility can only alert two people; the one taking the test and the one paying for the test! Someone please correct me if I'm wrong.

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DjFrizzie

Im pretty sure 420gf is right, I think it falls under some privacy laws, if it didnt I think that is an invasion of privacy.

mystoneybaby92

thanks for the information. with all the diminishing rights we have today i wanted to make sure the right to privacy was still active. thanks again

mj63

i have recently filled out a job aplication for a job that a friend just took, he started yesturday and has a test today and we have been tryin to find out how to pass the test. anyway, i filled out two applications and both of them have asked if i have ever been drug tested and if so, did i fail, and if so, with which company. and then they also ask for all the companies you may have been drug tested for. i don't know if it goes on the record for sure, but who knows anymore

 

racin36er

mj63, in that case they're just relying on your ability to tell the truth. They'll most likely contact all previous employers on your resume and ask if they subjected you to drug testing regardless... but in that case, if you failed, the employer shouldnt be on your resume anyways. i cant imagine any type of "record" these circumstances would be listed on, but i'm sure there are ways they can get the information if they really want it.

i'm canadian, so i dont know how these things work in the US, but I know that unless you listed the previous employer on your resume, there really isnt any way they can cross check the info... that would be my thought, anyways

zonecode88

I think there are rules about what former employers can say when contacted for a reference. They have limits on what they can say about a former employee. From what I understand, any information given on a former employee's drug test results constitutes an invasion of privacy. Someone with more workplace legality knowledge please advise.

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If he is applying for a DOT regulated position or held one in the past with another company, then he absolutely must (according to regulation) disclose any failed drug and/or alcohol tests. He must also list which companies he worked for in the past 10 years (in the case of FMCSA) for driving large trucks or hazmat, bus driving, etc....

The prospective employer is required by regulation to inquire to the last employer regarding your drug and alcohol testing records (and safety record in general), and that former employer must forward any Drug and Alcohol testing records from any and all previous employers.

Drug test records go back (I think) up to 3 years, and can go as far as 5 years if you tested positive for any employer. Your employment history for the past 10 years must be listed on the application.

If the applicant failed any drug and/or alcohol test in the past 5 years, he must provide Substance Abuse Professional Evaluation data and provide the verified negative return-to-duty test result and any verified negative follow-up test results. If you fail to do this and/or the prospective employer finds you have lied on the application, you cannot be hired.

Your name and test results are not listed with any government agency (if you are working in the private sector). The Federal Government requires DOT regulated employer's to police themselves. There is a hefty penalty for any employer employing a unqualified or disqualified employee in a safety sensitive position.

As long as a former employer is acting in good faith, in other words, really believes what he/she is telling the prospective employer about your work history, they can say whatever they want. At least that is the law in this State. If you failed or refused a drug test and were fired because of it, the employer can report that to whomever asks. Most of the time (for a non-DOT regulated company) they will just say, "he was terminated due to a policy violation". Sometimes, however, they will come out and say:
"That guy was a real mess. He never showed up for work on time when he did actually show up. He couldn't work without constant supervision, he was always bickering with his co-workers and I wouldn't hire him again if he were the last laborer on Earth". I have actually had employers say almost verbatim what I have written here.

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mystoneybaby92

thanks for all the information. I passed somehow, took the drink "Terminader gold 60" about 2 hours before the test and drank a lot of water the night before the test. I smoke about 4 times a week, so I was suprised it worked on such short notice.

420godfather

...congratulations. I'm glad it worked out for you and glad we could help.