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Hello, before getting into the details I’ll start by saying there’s no legitimate reason I should have failed this drug screening. I wasn’t on prescription drugs, certainly not using illegal drugs, I was using an OTC histamine based sleep aid at the time which could have been the culprit. This was a single saliva based test which is isn't always accurate and susceptible to false positives. Over the counter medication and certain foods like bread and dark chocolate can trigger false positives. Usually after a positive result from an initial screening a company will follow it up with a confirmatory GC/MS test which is more accurate and will get to the bottom of it. I wasn’t given this option. The detectability of the saliva based test I failed falls quickly after 12 hours unlike a urine test which is up to several weeks. If I had been taking a substance illegally it would mean I’d been doing it a day or two before a drug screening which I knew I had coming up. It’s only ever been urine tests I’ve done until now and have never had an issue.
I’m a lorry driver and this was a pre assessment screening for an agency based job for a large logistics company which manages warehouses and logistics for many different retailers. After I failed I was told next time don’t use those sleeping pills. So I assumed it would just be a case of bad luck this time but I could try again in future. Ironically I was using a sleep aid to assist me with a night shift job which I was struggling with and wanted to move to this other job for more suitable working hours. I put my notice in to my work and started working for another agency on day shifts at another large logistics company.
The agency that put me in for the job which I failed the screening for cut ties with me. The problem has recently become apparent when my current agency asked me if I would like to be assessed for another work place managed by a company that I knew was owned by the logistics company I had failed the screening for. I didn’t think for a second this would be an issue as it was a different company (Although a related company), a different depot, a different agency and a different retailers warehouse but on the day after they took my licence I was told I was a ‘prohibited worker’ as I had failed a drug screening previously for the related company at another warehouse so the assessment didn't even go ahead. I didn’t know I was on this list. I asked how long this lasts for and I couldn’t get an answer.
The problem is that this is a huge logistics company. It eliminates quite a lot of job potential for me. They also may be taking over the place I currently work for. I’m an agency worker so wouldn’t have any TUPE type protection if they decided to get rid of me. I can't get anywhere trying to resolve this through the company as they've ignored my emails and the agency aren't interested in helping me chase it up as they just fill the role with someone else. So I've been looking what my options are legally and just had some questions.
- How long can a company hold and use info like this under data protection laws?
- Can a company share this info around different depots it manages and other companies owned by this company?
- How do I see the info they hold on me (I’ve chased up HR for both companies weeks ago but haven’t gotten a reply)
- Can a company use the results of an initial screening to discriminate when they haven’t done a confirmatory test. I was told by the agency I currently work for a secondary test is normally done or you have to wait 6 months or get the option to pay for one yourself if the company doesn’t want to.
- The place I failed this test at is now managed by another logistics company. Can this information be passed on to the new managing company under data protection?
This has now cost me 2 jobs which would have been a step up from where I'm at and has also stopped me even applying for a few jobs. It seems very unfair that this is effecting my career like this, I don’t even get a chance to clear my name and no one can tell me how long this black mark will be used against me. Agencies have reservations about me when I tell them I can’t work at A,B,C, D and F place due to a failed drug test. The way this is working out I’d have been better off passing the drug screening but failing the driving test and writing off a motor.
Any info would be greatly appreciated
Thank you
I’m a lorry driver and this was a pre assessment screening for an agency based job for a large logistics company which manages warehouses and logistics for many different retailers. After I failed I was told next time don’t use those sleeping pills. So I assumed it would just be a case of bad luck this time but I could try again in future. Ironically I was using a sleep aid to assist me with a night shift job which I was struggling with and wanted to move to this other job for more suitable working hours. I put my notice in to my work and started working for another agency on day shifts at another large logistics company.
The agency that put me in for the job which I failed the screening for cut ties with me. The problem has recently become apparent when my current agency asked me if I would like to be assessed for another work place managed by a company that I knew was owned by the logistics company I had failed the screening for. I didn’t think for a second this would be an issue as it was a different company (Although a related company), a different depot, a different agency and a different retailers warehouse but on the day after they took my licence I was told I was a ‘prohibited worker’ as I had failed a drug screening previously for the related company at another warehouse so the assessment didn't even go ahead. I didn’t know I was on this list. I asked how long this lasts for and I couldn’t get an answer.
The problem is that this is a huge logistics company. It eliminates quite a lot of job potential for me. They also may be taking over the place I currently work for. I’m an agency worker so wouldn’t have any TUPE type protection if they decided to get rid of me. I can't get anywhere trying to resolve this through the company as they've ignored my emails and the agency aren't interested in helping me chase it up as they just fill the role with someone else. So I've been looking what my options are legally and just had some questions.
- How long can a company hold and use info like this under data protection laws?
- Can a company share this info around different depots it manages and other companies owned by this company?
- How do I see the info they hold on me (I’ve chased up HR for both companies weeks ago but haven’t gotten a reply)
- Can a company use the results of an initial screening to discriminate when they haven’t done a confirmatory test. I was told by the agency I currently work for a secondary test is normally done or you have to wait 6 months or get the option to pay for one yourself if the company doesn’t want to.
- The place I failed this test at is now managed by another logistics company. Can this information be passed on to the new managing company under data protection?
This has now cost me 2 jobs which would have been a step up from where I'm at and has also stopped me even applying for a few jobs. It seems very unfair that this is effecting my career like this, I don’t even get a chance to clear my name and no one can tell me how long this black mark will be used against me. Agencies have reservations about me when I tell them I can’t work at A,B,C, D and F place due to a failed drug test. The way this is working out I’d have been better off passing the drug screening but failing the driving test and writing off a motor.
Any info would be greatly appreciated
Thank you
