Due to this possibility, employers may want to conduct further inquiries, request a medical review, or signs you were roofied allow for a re-test before determining the consequences of a failed drug test. A well-communicated drug testing policy, which includes when to disqualify a candidate based on a failed drug test, can help support consistent, fair adjudication of drug test results. Your organizational policies may also reflect compliance considerations and help your team mitigate risk.
Time Considerations
Employers might first suspend the employee pending an investigation, potentially offering a second chance through mandatory rehabilitation programs in certain cases. In general, the results of a failed pre-employment drug screen or failed drug screen for a current employee are confidential between the company that requested the test and the individual who took it. However, the results of drug tests for employees who work for the Department of Transportation are kept on file in the Drug and Alcohol Clearinghouse generally for five years. Candidates must consent to allow an employer to view their records in the Drug and Alcohol Clearinghouse. However, candidates who don’t provide consent cannot hold safety-sensitive jobs.
Don’t forget, a state’s aetna momentum program stance on cannabis could also influence the outcome. It’s smart to know whether you’re in a zero-tolerance state or one that allows some leniency. In today’s competitive job market, drug tests have become a standard part of the hiring process for many industries, including healthcare, transportation, technology, and retail. As a business owner, HR professional, recruiter, or job seeker, understanding the implications of failing a drug test is essential.
The hospital, prioritizing patient safety and adhering to state laws and company policy, terminated her employment. This case underscores the importance of having clear policies and a structured process for dealing with such situations. Whether an employer will find out about a previous failed drug test from an employment or pre-employment screening with another job is a different story. In most jurisdictions, employers are not required to report a failed background check to law enforcement or any government agency.
Preparing for Future Drug Tests
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws. If you fail a drug test, you will be notified by the employer who requested the test. If the employer partners with a background check company, like Checkr, to perform the test, they will notify you in writing if the failed drug test results in adverse action. This action may include disqualification from employment or disciplinary action. Whether a failed drug test shows up on a background check depends on the scope of the background check and the circumstances surrounding the failed background check.
Immediate Steps to Take
However, a different type of test may be used, particularly if the initial test method is suspected to have contributed to an inaccurate result.
- Ask the employer who administered the test for retesting guidelines after a failed pre-employment drug screen or failed drug test.
- However, if there’s a legitimate reason to suspect that the initial test was flawed or inaccurate, a retest may be requested or ordered.
- Disclosing any prescription medications upfront can save you a lot of headaches.
- Employers have to be aware of the specific drug-testing laws in each state where they operate because these laws vary widely, said Tae Phillips, an attorney with Ogletree Deakins in Birmingham, Ala.
A failed drug test may also show up on a criminal background check if the testing resulted in a criminal conviction. These guidelines are not required for positions outside highwatch online meetings of DOT regulations, but can serve as a model for employees who prefer treatment over termination. 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. At AccuSourceHR™ Workforce Solutions, we walk our clients through the legality of drug testing and consequences. Some companies have stopped testing for marijuana or ignore initial positive tests when the employee’s job is not safety-sensitive, she noted.
When you implement the right strategies, under many circumstances, you may be able to confidently proceed with the offer. A drug test is conducted in different settings to observe safety policies, such as in sporting events, legal matters, and healthcare appointments. These can be conducted as random drug tests or periodic drug testing, depending on the testing body’s guidelines. Explaining a failed drug test depends on the circumstances that led to the positive drug test results.