Three documents do the legal work in a screening programme and each has a requirement that is easy to miss. The disclosure has to stand alone. The authorisation has to be written and given before the report is ordered. The drug testing custody form has to be the right one for the kind of test being run. This page covers all three and the specific way each is usually got wrong.
The disclosure must be its own document
The FCRA requires a clear and conspicuous disclosure in writing, in a document that consists solely of the disclosure, telling the applicant that a consumer report may be obtained for employment purposes. Solely is the operative word and it is enforced. A disclosure combined with a liability release, an at-will acknowledgement, a state law notice or the application form itself has generated a very large volume of litigation, because the extraneous text is what makes it non-compliant regardless of how clear the disclosure part is. Take the template your provider gives you and check that nothing else is on the page.
The authorisation and what it may not do
The authorisation is the applicant's written permission and it must be obtained before the report is ordered. It may sit with the disclosure. What it may not do is include a waiver of the applicant's rights or a release of liability for the employer or the provider, which is precisely the addition that breaks the standalone requirement on the disclosure. Keep the signed authorisation: it is what evidences your permissible purpose if anybody asks.
Why a printable drug testing form off the internet is a trap
Regulated testing under 49 CFR Part 40 uses a specific federal custody and control form, and a test collected on anything else is not a valid regulated test. For non-DOT testing the form is not federally specified, but it still has to do the job: identify the donor, record the collection, document every transfer of the specimen and carry the donor's signature. A generic form downloaded from a search result typically omits the transfer log, which is the part that makes a result defensible. Get the form from the laboratory or network running the test.
What the chain of custody form actually records
Each person who handled the specimen, when, and in what condition it was received: donor to collector, collector to courier, courier to laboratory, and each step inside the laboratory. It carries the specimen identification number, the collection date and time, the temperature check, the seals, and the donor's signature confirming the specimen was sealed in their presence. If any link cannot be shown, the result proves nothing about the donor, which is why most successful challenges to a workplace test are aimed here rather than at the chemistry.
Questions people ask about background check form
Can the background check disclosure go in my application form?
No. The FCRA requires a document consisting solely of the disclosure. Combining it with the application, a liability release or an at-will acknowledgement is the most litigated error in employment screening.
Can the authorisation include a liability waiver?
It should not. A waiver or release added to the disclosure and authorisation is exactly what breaks the standalone requirement, and it is the specific defect most claims are built on.
Can I download a drug testing form?
Not for regulated testing, which requires the specific federal custody and control form. For non-DOT testing, get the form from the laboratory or network, because generic templates usually omit the specimen transfer log.
What does the chain of custody form record?
Every person who handled the specimen and when, the specimen identification number, the collection date and time, the temperature check, the seals, and the donor's signature confirming it was sealed in their presence.