Sober living

An Employee Failed a Drug Test Now What?

Posted on 26.09.2023

how to explain failed drug test

New, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day. “You just don’t know who has access to someone’s e-mail,” he said. If it is calling to share the results, the employer should make sure the person can discuss a confidential matter. is marijuana addictive If sending a letter, the employer should mark the letter as “personal and confidential” and should also place these words on the front and back of the envelope, Deitchler suggested. “If the letter is sent to the person’s home, you don’t want a spouse or a kid to get that communication,” he said.

If you are using medication, be sure to have up-to-date documentation of your condition and your prescription details handy when going in for testing. If substance use is interfering with your ability to hold down a job, you may decide that it is time to seek treatment. “You want to be consistent with how you’ve handled positive results in the past,” he said. If an employer fired all the men who tested positive for cocaine, but not the women, that inconsistency could create legal problems.

how to explain failed drug test

In general, hair testing allows the longest time frame to detect drugs of abuse. Once at the facility, the applicant must submit a sample at the discretion of the laboratory personnel and in keeping with their standard policies. Hair, sweat, saliva or blood drug test samples may also be used in pre-employment drug screen, although this is not common practice. It is important to be sure that the drug testing occurs at a reputable and certified laboratory. Any credible drug screening program will involve a two-step process.

For example, in Vermont and Minnesota, an employer can’t fire someone for the first failed drug test if the employee agrees to complete a rehabilitation program. Programs are led by counselors with advanced training in substance abuse assessment and care. Employers can provide guidelines regarding the circumstances under which an employee can return to work after completing an EAP. If you have an addiction problem, you may be required to undergo treatment and rehabilitation process before going back to work.

What Happens If You Fail a Drug Test?

The consequences for a positive drug test can range from administrative separation to court-martial, charges which can be debilitating to your career. Always consult your healthcare provider to ensure the information displayed on this page applies to your personal circumstances. CBD is promoted to help with conditions like pain, insomnia, and anxiety. Today, you can find CBD in everything from massage oil extracts, to skin lotions, to gummy bears, and it is easily accessible online or at stores.

how to explain failed drug test

Costs are related to crime, lost work productivity and health care. Failing the test due to prescription or other legal medication is often permitted when a dialogue with the employee accompanies it. Always perform comprehensive background checks on prospective team members to ensure you’re doing all you can to protect the best interests of your company. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here’s how employers and employees can successfully manage generative AI and other AI-powered systems. Employers need to have a discrete and defined protocol regarding who gets drug-test results, Deitchler said.

All employers are different, and companies tend to have their own policy regarding whether you can keep your job. Make sure to disclose any medications that can trigger a false positive result. An employer can deny employment or fire you if you fail a drug test. However, you should not just accept a failed drug test because false positives can occur. An employer is unable to access your drug testing results without your consent. However, you must offer approval to perform safety-sensitive job responsibilities.

In many cases, they would be legally unable to do so even if they wanted to. You can challenge the way the sample is collected, the way it was handled, and the way it was tested. The collection process is detailed, and the testing procedure is scientific. I have seen many cases where samples get mislabeled addiction relapse or mishandled, which can lead to questions about the accuracy of the results. With your career on the line, you should be sure the process was done correctly. Generally speaking, applicants to the military are able to retake a failed drug test when at a Military Entry Processing Station (MEPS).

Confirmatory tests, such as GC-MS should be utilized prior to reporting positive drug test results to employers. Random drug tests are common in many workplaces throughout the USA. The type of non-DOT screening can range from single-panel marijuana testing to 10-panel drug tests that will look for ten different illicit substances and prescription drugs.

If a drug test later confirms marijuana use, the employer will have documentation that the worker was observed as impaired on the job. Employers in states where medical marijuana is legal should go through an interactive process to see if there’s a reasonable accommodation that can be made for the employee, Phillips said. If you do not have a written policy in place that clearly outlines the consequences of failing a drug test, prioritize drafting a policy right away. At AccuSourceHR, we walk our clients through the legality of drug testing and consequences.

Consequences of a Failed Military Drug Test

A new urine sample is not allowed for the retest as the drug in question may have been excreted from the body by that time. A urine drug test for alcohol may detect alcohol for 2 to 12 hours. Blood testing is invasive, requiring a needle stick, but there is little chance for adulteration. Blood testing may be performed in the emergency room for toxicology testing, as well. However, blood analysis often has a short period of detection, as many illicit drugs are metabolized quickly and eliminated from the body. Drugs in urine can usually be detected in a one to three day time period.

  1. The results of drug testing should remain confidential and kept separate from the regular employee work file.
  2. Your probation officer may request you to take drug tests regularly or at random if there’s suspicion of addiction-related behavior.
  3. In general, hair testing allows the longest time frame to detect drugs of abuse.
  4. Employers need to have a discrete and defined protocol regarding who gets drug-test results, Deitchler said.

Benzoylecgonine is only found in nature as a metabolite of cocaine, and there would be no other valid reason for it to be present in a drug screen. As noted by Doering and colleagues, confirmatory testing with GC-MS will identify individual drugs or metabolites in a sample, and almost eliminate the chance for a false positive result. After urine drug screening, oral fluid (saliva) testing is the most common method to test for drug use. It may be referred to as a mouth swab test, and used if an employer or other tester is interested in knowing about recent drug use. Most saliva drug tests can detect usage within a few hours up to 2 days.

Legal rules vary from state to state where marijuana is now legal for recreational or medical use. Also, as marijuana stays in the system over a prolonged period of time, the employee may use marijuana legally, amphetamine withdrawal symptoms but be drug tested at a later time and test positive. In some labs, patients who receive a positive result may have the option to pay for an independent retest of the urine sample that was originally submitted.

What Happens if You Fail a Drug Test for a Job?

The kind of test you take depends on what drugs are being tested and what types of specimens are collected. If you are going to be entrusted with protecting and serving our nation, then there is an expectation that you are not doing it while under the influence of any illicit substances. As such, service members — from Recruit to General — are regularly tested for drugs to prove they are operating in their best physical and mental condition.

For information about failed DOT drug test, check out our other article. However, if the government is administering a drug test for probation, it is possible to go to jail for a failed test. Whether you can go to jail or not depends on the state you are in. There are many ways to advocate for yourself should your test come back positive. Knowing how to effectively advocate in this situation is the difference between facing an adverse separation and maintaining your career.

Rapid screening can allow detection of drugs that might metabolize quickly and not be detectable at a later screening. Rapid tests can be performed at an employers workplace or at a local, specified laboratory clinic. A breath alcohol confirmation may be required for a positive screen for alcohol with the instant test. Pre-employment workplace drug testing usually requires the applicant to give a urine sample, but may also infrequently require blood, saliva, sweat, or hair. However, workplace drug testing is now common in general for many U.S. employers to lessen the impact from drug abuse, safety concerns, and low productivity in the workplace.