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What are the rules regarding confidentiality and transmission of drug test results?

In general, as with any medical information about an employee, drug test results must be kept confidential. According to the Equal Employment Opportunity Commission (EEOC), “If drug testing reveals that you have a legally prescribed drug or other medical information, you must treat that information  as a confidential medical record.” It is recommended that all drug test results should  be kept in a confidential medical record separate from the employee’s general  file.Departments receiving drug test results should report results only when it is necessary. For example, sharing drug test results with line managers is quiet unnecessary, other than declaring whether the results passed or not.

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In preferred, as with all clinical records approximately an employee, drug take a look at effects ought to be saved private. According to the Equal Employment Opportunity Commission (EEOC), “If drug trying out well-knownshows which you have a legally prescribed drug or different clinical records, you ought to deal with that records  as a private clinical document.” It is suggested that each one drug take a look at effects  be saved in a private clinical document cut loose the employee`s preferred  file. Departments receiving  drug take a look at effects ought to expose effects handiest whilst necessary. For example, sharing drug take a look at effects with line managers is regularly unnecessary, apart from affirming whether or not the effects surpassed or not.  State drug trying out  or confidentiality legal guidelines might also additionally practice for my part or together to drug take a look at effects  as a rely of private confidentiality. Also, relying at the records in question, the Americans with Disabilities Act (ADA) and  Healthcare Company Insurance Portability and Accountability Act (HIPAA) might also additionally practice to drug take a look at effects. Employers need to paintings with an legal professional to study compliance with those legal guidelines for drug take a look at effects.  drug take a look at effects will also be essential in figuring out eligibility for authorities or business enterprise backed benefits. Examples of different troubles that require disclosure of  take a look at effects encompass figuring out eligibility for unemployment benefits, claiming workers’ compensation, and incapacity benefits. The exemptions granted below relevant regulation won’t be required. However,  because of the type of legal guidelines which could practice, a conservative technique is to obtain, on every occasion possible, the applicant’s or employee’s written consent for a waiver. If this isn’t always possible, employers need to discuss with an legal professional earlier than disclosing records with out signed authorization.

The most common types of tests used to detect alcohol and drugs are:

  • Blood test: Blood tests determine the precise quantity of drugs or alcohol in the body. Because most drugs travel swiftly from the bloodstream to the urine, there is a brief detection time. However, they are reasonably accurate in determining the presence of drugs or alcohol in a person.Blood tests are the only means to detect the use of intoxicating drugs in situations of accidental injury or death.
  • Breath test: When you drink alcohol, it enters the stomach and small intestine. It is absorbed into the bloodstream and carried through the body to the brain and lungs. exhale  when exhaling The breath alcohol test measures the amount of alcohol  you exhale. The device uses this measurement to estimate your blood alcohol level. This level is known as the BAC or blood alcohol level and can rise within 15 minutes of drinking. BAC typically peaks about an hour after drinking alcohol.
  • Hair test- Hair tests, like urine tests, do not offer proof of current consumption. They simply reveal whether or not a medicine has been used previously. It offers a longer detection period since drug use may be tracked back up to 90 days.Furthermore, hair testing is unable to detect alcohol consumption. Furthermore, because it is the least invasive kind of drug testing, there are no concerns about privacy:
  • Fingernail test
  • Urine test: The most prevalent method of drug testing is urine testing. It can be carried out in a doctor’s office or even at work. An employee or applicant’s sample is obtained and sent for testing. A urine test will reveal if a person’s urine has any drug residues. Even after the effects of a medication have worn off, remnants or metabolites persist in the body.Because alcohol leaves the body so fast, urine tests are ineffective in detecting alcohol consumption. They are mostly used to detect illegal and prescribed drug residues in a person’s body

DNA testing and testing for drugs and alcohol :

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Bottom line:

Examples of other issues that require disclosure of test results include determining eligibility for unemployment benefits, claiming workers’ compensation  and disability benefits. The exemptions granted under applicable law may not be required. However,  due to the variety of laws that may apply, a conservative approach is to obtain, whenever possible, the applicant’s or employee’s written consent for a waiver. If this is not possible, employers should consult with an attorney before disclosing information without signed authorization.

Drag  tests are really a personal issue. W should not reveal one’s result publicly because it is a sensitive issue. We should value others  privacy.

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