What are applicant rights to drug test results?

Last week, I interviewed for a job and had drug screening done. They called me 2 days later and told me that I failed the drug test. I called the lab that took the specimen and asked for a copy of the results, but they told me only the employer could release it. I called the employer, but they told me that because they paid for the test, the results are their property and I do not have a right to a copy. I thought because it was MY urine and my record that I was protected by law to have it. Is it true I am not entitled to a copy? If yes, why?

Ann Kiernan replies:

No one federal law that regulates drug testing. For instance, OSHA regulations say that if an employee has been exposed to a hazardous substance on the job, the employee is entitled to access to his/her entire medical file, including any drug test results. Employers covered under Department of Transportation drug and alcohol testing regulations must maintain records that document their testing program, and must give employees their test results.

Many states regulate employment-related drug testing, as well. Your state, Florida, requires a second test to confirm an initial positive test, but does not require that the test results be given to you. You may want to consult a local employment lawyer for further advice. Good luck.

Posted 11-14-2017

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.