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Pre Employment Drug Testing Question New York

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  • Pre Employment Drug Testing Question New York

    Hi folks,

    So I was recently offered a new job, conditional on the drug test results. Wanted to make sure some stuff before I called the HR department. I was told by one person that in some states, they facility is required to contact you if you have tested positive for anything, does anyone know if New York has that law? Also if I call the HR department and ask about the results, is there any law preventing them from telling me? Just worried cause it has been almost a week and I haven't heard anything, and I shouldn't have tested positive for anything.

    Thanks.

  • #2
    Per my reference, N Y has no law regulating drug & alcohol testing of
    employees & applicants.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Thanks Betty,

      I'll just wait and give them a call to find out what is going on.

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      • #4
        I was told by one person that in some states, they facility is required to contact you if you have tested positive for anything, does anyone know if New York has that law?

        All reputable medical facilities/labs that do drug testing follow DOT (Department of Transportation) protocols. That includes a MRO (Medical Review Officer) contacting the testee if there is a positive result on the test to determine if the testee is taking any prescribed medications that may give a positive result. If the initial results are negative, test results are almost always available within 24 hours (absent a holiday or weekend.)

        Also if I call the HR department and ask about the results, is there any law preventing them from telling me?

        No. Assuming there's no reason for a positive result, could be they've been too busy to get back to you and set a start date.

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        • #5
          I agree with Beth3. The companies I use do perform a second test on the sample (split in two prior to testing) if the first test comes back positive. If both tests are positive then the applicant is called and can give an explanation.

          I had an applicant last week test positive for cocaine. However the perscription meds he claimed he was taking would not have a caused a positive result. He was not hired based on the testing.

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          • #6
            Thanks everyone. Heard back from the place the day I posted, so well was worrying for nothing. But always good to know your rights just in case.

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