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Who owns the results of the drug test and background check

Question: In Pennsylvania, Who owns the results of the drug test and background check–- the employer or the employee?

Answer: Drug tests and background tests are generally procured by employers, and employees would have the same right of access as with other types of personnel records.

In Pennsylvania, an employer holds all personnel records, although PA Stat. Ann. Tit. 43, Sec 1321, grants an employee limited access to his/her personnel record.

Specifically, a Pennsylvania employer must permit an employee or the agent of an employee to inspect the personnel file that was used to determine his/her qualifications for employment, promotion, additional compensation, termination or disciplinary action.

The employee must first request this information from the employer and the employer only has to make this information available at reasonable times. Additionally, an employer is not required to allow the employee or the agent of the employee to remove the personnel folder or copy its contents, but the employer must allow the employee to take notes while viewing the personnel file.

Further, employers should endeavor to keep all personnel information about employees and potential employees private.

Employers can be held liable for allowing personal and medical or health-related information gained from a pre-employment test to reach the public domain. It is strongly recommended that all employers use great care to guard all personal information that they receive from employees and job applicants