Does it violate confidentiality laws to release the test results to TWC?
No. Many employers misunderstand the laws in this regard. Even highly-regulated DOT testing procedures allow employers to release the results to government agencies dealing with claims arising from the drug test (click here for specifics). There is simply no substitute for the specific drug test results in an unemployment claim. Employers with lingering doubts on this issue should call the employer commissioner’s office at TWC at 1-800-832-9394. Summing up All in all, common sense will help more than anything else. If a company has a clear written policy, ensures that all employees know about it, conducts tests according to the policy, and insists on the testing lab furnishing the appropriate documentation, it will be in a favorable position in any unemployment case or lawsuit arising from the test.
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- Does it violate confidentiality laws to release the test results to TWC?