Can drug test results be stored in personnel file?

Medical records must be maintained separate from the personnel file….What should, and should not, be included in the personnel file?

​Type of Record	​Location
Reference/background check results	Confidential file
Drug test results	Confidential file
Job descriptions	Personnel file
Equal employment opportunity (EEO) self-identification of gender and race/ethnicity	Confidential file

What happens when you fail a pre employment drug test?

If they fail a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must “reasonably accommodate” employees who want to seek drug or alcohol abuse treatment.

Does HIPAA apply to positive drug test results?

Implications of HIPAA and Employee Confidentiality Rules on Positive Drug Test Results. And in most instances, the HIPAA Privacy Rule doesn’t apply to the actions of an employer. However, the Privacy Rule does protect an employee’s medical or health plan records if she is also a patient of the provider or a member of the health plan.

Does HIPAA apply to Dot drug testing?

The DOT has published its position on this subject stating that HIPAA does not require employers and service agents in the DOT drug and alcohol testing program to obtain written employee authorization to disclose drug and alcohol testing information required by 49 CFR Part 40 and other DOT agencies drug and alcohol testing rules. However …

Do employers keep records of drug test results?

Employers commonly keep all records concerning test results in medical files that are maintained separately from the company’s personnel files. Drug test results, like all medical information about urgent care center employees, should be kept confidential.

What is the goal of HIPAA?

The over-arching goal is to protect the employee from discrimination. [Find out more in ” Guide to understanding HIPAA as an employer \\. Drug test results are considered to be confidential. Any medical information about an employee, including drug test results, should be kept in a separate file from general personnel records.