Pending Drug Screen

I am trying to hire an employee whose drug screen has not been cleared by the lab. The candidate took the test December 4, 2008. Test results are typically back in no later than 48 hours. On Tuesday, December 9, I inquired about the test to check the status. I was told by our third party firm my company uses to conduct background checks that the test was still pending because it has not been 48 hours. I found that odd since the candidate took the test on the 4th. On Thursday, December 11, I inquired again and was told that the website was down and the test was still pending. I once again thought this was odd since there was no response whether the candidate passed the screen or failed. I asked my human resource coordinator if I could simply call the lab myself and find out what is going on. I am under the impression that the lab has lost the sample. I was told by me as a manager contacting the lab I was violating the candidate's rights and it was illegal. I thought that response was odd since I am his employer and I had a signed consent letter approving the drug screen. My question, is it illegal for me to contact the lab directly? How much time should we allow HR to complete the drug screen process? Should I as a manager know what was found in the screen that warranted a specialized test? Thanks advance for your help.

If you were told no I would think thats the end. You can of course hire the person pending the results. Unless that option is not available

Offer Letter

That is what I was thinking I could do. I was thinking I could revise the offer letter stating employment was pending the drug screen but wasn't sure if there was some law that states they must pass this.

Thanks for your time and help.

I have seen many post where this exact thing has happened. Person was hired pending background and/or drug screen results. If still unsure wait for cbg to reply she will know for certain

There are some perfectly legal, prescribed drugs that will show on a drug screen as a positive. It takes the lab longer to screen this out and yes, you are violating the employee's privacy rights by contacting the lab. All you need to know at the end of the day is the final resolution. With limited industry-specific exceptions, you will not be violating any laws by hiring the employee regardless of the results.

Thank you. I did not want to violate any rights of the candidate, I wanted to help. There are drugs we screen for in which I thought would appear upon the first few days. Not sure what they could be looking for after 10 days. I want to waive the test, but our corporate drug policy would not allow me to. I will rewrite the offer letter pending employment on the results of the test. Thank you.