Filing Drug Test Results

Beth Ayers · June 2002

We currently file I-9's, W-4's, Check Deposit resquests, Employee data info,
W-5's etc... in one file, then reumes and applications in a seperate file.
My question is should drug test results go in yet another seperate file
or can they go with the I-9's and W-4's or should they go with the application
and resumes? Also, what is the best way to handle a positive drug test result?
Thank you in advance for any advice you may have.

Beth Ayers

Leslie · June 2002

I keep positive results in a confidential file in my office for one year. We have a two positive program. That's the length of time an employee is on a mandatory monthly testing program after the first positive and the length of time before they are eligible to reapply if the test was their second positive and resulted in discharge. After that point our consulting firm holds all the information should I need it.

jules2001 · June 2002

Beth - We have a seperate medical file where we keep all benefits information and any medical information, including drug test results, doctor's notes, and FMLA paperwork, etc. I would also recommended that you keep your I-9 files seperate from everything...I have them in a binder, alphabetized. This way if INS were to ever stop by, I do not have to give them the entire file. Our policy on positive drug tests allows them to take a second test, at their cost, as soon as positive results are received. If they pass the second test, they are notified that they will be on the list for testing for a year. IF they fail the second test they are terminated. IF you would like, e-mail or leave a note here and I will email or fax our policy to you. It is a little more detailed than this. I think a written policy would be best, before acting on anything. Of course the lawyers will help with that part.

Beth Ayers · June 2002

Hi Jules,

Thanks so much for the info. I would like to have a copy of your policy. Do you file your I-9's seperately for the conevnience in case INS comes for a visit or some other reason?

Thanks so much!
Have a Great Day!

Beth

jules2001 · June 2002

To my knowledge, that is the only reason that we do that. I also have started keeping them seperate at termination on the advice of people on this forum. There have been several discussions on what, when and where to file. Do you have an email address or fax # that I can send policy?

Beth Ayers · June 2002

I guess that would help huh? [email]beth@thestaffsource.com[/email]

Thanks for such a quick reply.
Beth

Don D · June 2002

Hey Beth. The best reason to file I-9s separately is so they can be produced separately. Any governmental body that has the authority to require that you produce them then would only be handed THAT file and would not be rifling through your personnel files. Jules has a good filing setup; however, drug tests are not considered medical tests and are not mandated to be filed separately as is the case with other medical documentation.

moneyman · June 2002

I have been instructed to keep the I-9s separately just as you say, so that you can hand the INS only those items that concern their area. I have also been told (at a HR seminar) that if you hand over you entire personnel file (or wherever you keep the I-9s) you have just given INS to license to review all of the paperwork and if they choose, the INS can take it upon themselves to report any deficiencies or suspicious documents to other government agencies.

VanEngen · June 2002

You should file your I-9s separately for a couple of reasons...one is so that INS can not look at the rest of the personnel file. The other is because having the I-9 in the personnel file can be seen as being a discriminatory kind of document. I would categorize the I-9 with the Affirmative Action form where you ask what EEOC category the applicant falls under. The I-9 asks for certain documents that can show that the employee is in a protected class.

Don D · June 2002

>You should file your I-9s separately for a couple of reasons...one is
>so that INS can not look at the rest of the personnel file. The other
>is because having the I-9 in the personnel file can be seen as being a
>discriminatory kind of document. I would categorize the I-9 with the
>Affirmative Action form where you ask what EEOC category the applicant
>falls under. The I-9 asks for certain documents that can show that
>the employee is in a protected class.

NOW THAT'S A STRETCH OF THE IMAGINATION! OUR PHOTO ID BADGE TENDS TO SHOW SOME PEOPLE ARE IN A PROTECTED CLASS TOO. THE I-9 EXISTS AFTER THE PERSON IS HIRED, NEVER BEFORE, THEREFORE, OBSERVANT PEOPLE PRETTY MUCH ALREADY KNOW THE EMPLOYEE'S RACE AND SEX, IF NOT AGE. THE I-9 DOES NOT REVEAL AGE, RACE, RELIGION, HANDICAP OR SEX, ONLY A CONGLOMERATION OF NUMBERS. THERE IS NO REQUIREMENT THAT AN EMPLOYER KEEP COPIES OF SUPPORTING DOCUMENTS ON FILE, ONLY THAT THEY BE VIEWED BY THE PERSON COMPLETING THE I-9.

JPeel · June 2002

Jules2001, please fax a copy of your policy on positive drug tests, 817-332-6110.

Thank you

Filing Drug Test Results

Comments