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Hi,
In June 2012 I tested positive for opiates in a random drug test at work. I was suspended on full pay and the sample was sent to the lab for further analysis; the specimen was later found to be negative using the 300ng mL cutoff and I was allowed back to work. Apparently the drug testing company had told my employer that it was likely down to poppy seeds. As far as I was concerned, that was that - it was a fairly traumatic experience but it was dealt with quickly and I was back at work after 3 days.
I am currently embroiled in a rather bitter grievance procedure at work and recently made a subject access request under the Data Protection Act to my employer for all information held about me. I was rather surprised to find some correspondence from June 2014 between the then HR Generalist of my company and an employee of the company that performs the drug testing. The email states that she has been asked by the HR manager to provide some information on the test and then goes on to say that she understands I initially tested positive which was subsequently changed to negative, believed that this was down to poppy seeds and do they have any further information about my case. The drug testing rep then forwards the email (complete with my name and company ID supplied by the HR person) to another employee who confirms that a trace amount of morphine was found that was below the cutoff and it was likely due to poppy seeds.
Apart from the fact that the initial test and subsequent information gathering attempt were two years apart, I fail to see how this was justified in any way. I actually had another random test 6 months later which tested negative so it's not like they had any suspicions on that account. The HR manager in question had only just taken up their role at the time of the 2014 email, so I suspect it was a "fishing expedition" in an attempt to dig up some dirt on me. The results of the test and the follow up lab test were in my personnel file anyway, so I am really struggling to understand any logical reason why this correspondence took place.
I have contacted the ICO on this and they told me that I should contact my employer in the first instance. That's fine, but I would be grateful for some guidance on this if someone would be so kind. Part of me thinks I'm overreacting but on the other hand I fail to see how my employer can use such sensitive information for whatever purpose they see fit, especially given the fact that at no time was I asked beforehand nor was any consent given to contact the drug testing company. The only consent form I did sign was at the time of the test which allowed the drug company to pass the results of the test to them.
Thanks for reading, I hope I haven't rambled on too much! I look forward to hearing back from anyone with some advice.
In June 2012 I tested positive for opiates in a random drug test at work. I was suspended on full pay and the sample was sent to the lab for further analysis; the specimen was later found to be negative using the 300ng mL cutoff and I was allowed back to work. Apparently the drug testing company had told my employer that it was likely down to poppy seeds. As far as I was concerned, that was that - it was a fairly traumatic experience but it was dealt with quickly and I was back at work after 3 days.
I am currently embroiled in a rather bitter grievance procedure at work and recently made a subject access request under the Data Protection Act to my employer for all information held about me. I was rather surprised to find some correspondence from June 2014 between the then HR Generalist of my company and an employee of the company that performs the drug testing. The email states that she has been asked by the HR manager to provide some information on the test and then goes on to say that she understands I initially tested positive which was subsequently changed to negative, believed that this was down to poppy seeds and do they have any further information about my case. The drug testing rep then forwards the email (complete with my name and company ID supplied by the HR person) to another employee who confirms that a trace amount of morphine was found that was below the cutoff and it was likely due to poppy seeds.
Apart from the fact that the initial test and subsequent information gathering attempt were two years apart, I fail to see how this was justified in any way. I actually had another random test 6 months later which tested negative so it's not like they had any suspicions on that account. The HR manager in question had only just taken up their role at the time of the 2014 email, so I suspect it was a "fishing expedition" in an attempt to dig up some dirt on me. The results of the test and the follow up lab test were in my personnel file anyway, so I am really struggling to understand any logical reason why this correspondence took place.
I have contacted the ICO on this and they told me that I should contact my employer in the first instance. That's fine, but I would be grateful for some guidance on this if someone would be so kind. Part of me thinks I'm overreacting but on the other hand I fail to see how my employer can use such sensitive information for whatever purpose they see fit, especially given the fact that at no time was I asked beforehand nor was any consent given to contact the drug testing company. The only consent form I did sign was at the time of the test which allowed the drug company to pass the results of the test to them.
Thanks for reading, I hope I haven't rambled on too much! I look forward to hearing back from anyone with some advice.
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