Does a Failed Pre-Employment Drug Test Go on Your Background or Consumer Report?

Understanding Pre-Employment Drug Tests and Their Impact

The question of whether a failed pre-employment drug test will appear on your background or consumer report is often highly concerning for job seekers. It’s important to understand the nuances of these tests and their potential impact.

Do Employers Keep Records of Pre-Employment Drug Tests?

First, let's clarify that there is no single national database of pre-employment drug test results. Unlike academic or criminal records, there is no centralized authority that retains this information. However, it is possible that the employer or an affiliated company might keep records of such tests, but this isn't common practice. The primary motivation behind these tests is to ensure the safety and suitability for the job, particularly in roles where drug use could jeopardize the safety of the public, such as federal transportation positions like truck drivers, pilots, and others.

DOT-Regulated Drug Tests: The National Registry

For certain federally regulated jobs under the Department of Transportation (DOT), there is a national database that records failed drug tests. This data is used to prevent individuals from simply changing to another regulated employer if they fail a test. However, for most other jobs, there is no such official repository.

Does a Failed Test Ever Impact Other Areas?

Typically, pre-employment drug screens are stored separately from regular medical records. This means that your treatment history and personal medical history are protected from access due to these tests. Even if the results were somehow connected to your medical records, they would only be accessible to the employer who originally ordered the test or your healthcare provider.

For instance, if you are currently under treatment and your physician orders drug screens, these results are protected by HIPAA (Health Insurance Portability and Accountability Act) and would not be included in consumer reports or background checks. Similarly, any results from emergency medical care would also be treated confidentially.

Disputing Results and Taking a Second Test

While it is rare for drug test results to be reported beyond the employer, employees do have the right to dispute the results and request a second test. Many states have laws that protect your privacy and allow you to challenge the validity of the test results. This can be a crucial step if you believe the test was inaccurate or if there was a procedural error.

Conclusion

Failed pre-employment drug tests typically do not impact your background or consumer report outside of highly regulated industries. The general practice is to keep these results separate from your medical history and personal information. If you do find yourself in a situation where you mistakenly failed a test, it's important to understand your rights and take steps to dispute or appeal the results.

For more information, you can refer to the Department of Labor’s website on employee rights, and for legal advice, consult with a relevant professional.