Question – Our Company’s HR representative interviewed an individual for a DOT commercial driving position and sent them for a DOT pre-employment drug test. Once we received the Negative test result, we contacted the individual and told them they had the job. The individual decided that they did not want to take the job after all and is now requesting the results of the drug test to be sent to them. Since we paid for the testing, do we have to give them this information?
Answer – Yes, you cannot deny an individual the right to their test result and you cannot require them to pay for that test after the fact. In some cases, we have known of employers requesting the applicant to test at the applicant’s expense and providing they have a valid Negative result, they will reimburse them at the time of hire. Another reason we have seen this requirement from potential employers, is the individual may test positive for controlled substance, and in most cases the potential employer does not hire the positive driver and the company is out the expense of the test.