Question:
I am in the running for a new job. They do drug testing. I have never
used any illegal drugs and am not worried about that. I have never had to
submit to a drug screen. How does this work when you are on a long term
medication? I am using the Duragesic patch at the lowest dose. I assume
they are probably testing more for marijuana, cocaine, etc. But, my question
is, does the testing company have to keep the legal drugs you take
confidential? I can see a potential problem if an employer finds out I have
a chronic pain condition, and wouldn't want to hire me because of their
possible insurance exposure. Does anybody have any knowledge of how this
whole process works? Thanks for any insight into this. It would really
suck if I got stuck at my present employer forever because of this.
Answer:
The drug testing I have had done worked like this: you go to the lab with
the paperwork.
They sometimes ask you at the lab what medications your are taking. A
couple of times the didn't. If something shows up, the lab doing the
testing, calls you. Then you may have to produce some type of documentary
evidence, of a valid prescription in your name. In my case it came up dirty
for opiates as I told the lab boys it would, and had to fax them a copy of
the bag the prescription came in. And that was it. The employer got only a
pass or fail answer. I a few case where I had employees that failed it was
usually for marijuana, one for cocaine and the type of substance was passed
on to the HR dept and the other supervisors for disciplinary paperwork. My
experience was with random testing not pre employment but new employees
said it was pretty much the same deal.
I would think that if you are taking a medication prescribed to you and
denied employment on those grounds, it would be discrimination based on a
disability. The size of the company I worked for, they had to have been
sued for employment discrimination a couple of times, which is probably why
they did it that way. I was required to operate heavy machinery now and
again, always had a company vehicle for business use and it was normal to
be in potentially dangerous situations such as great heights and enclosed
spaces. Management knew about it just from talking around the coffee pot,
but since it never seemed to impair my ability or judgement, it was never
an issue.
So unless your employer or potential employer asks, I would think it's
privileged medical information, unless you feel it effects your
performance. In certain job situations it makes sense to ask about what
medications an employee may be taking, so be honest if they ask.
