Your Employee Failed a Drug Test—Now What?
Drug testing is a common way of ensuring safety in a workplace environment, and in some industries, it is even mandated by the law. But what do you do if your employee fails a drug test? Don't panic! This article explains what this means, what to do next, and the laws you must consider.
Listen to article
Table of Contents
What Can Cause People to Fail a Drug Test?
First, employers must understand why some employees may fail a drug test so they can solve the situation accordingly. Some of the most common reasons are:
-
The Use of Illicit Drugs: This includes substances like marijuana, cocaine, opiates, and methamphetamines.
-
Prescription Medications: Sometimes, employees may not realize that their prescribed medications can trigger a positive result.
-
Over-the-counter medications: Certain common medications, like cold or allergy treatments, can also lead to unexpected results.
It's important to remember that not every failed test points to substance abuse; there can be legitimate reasons behind the result.
What to Do If Your Employee Fails a Drug Test
If you are facing a failed drug test situation, it's important to take the right steps:
- Check your company's drug testing policy to ensure you follow the protocols. This policy should outline the consequences of a failed test, and your employees should have been informed about it.
- You can always consider conducting a confirmation drug test, as initial tests can sometimes yield false positives.
- Schedule a private meeting with the employee who failed the test and let them explain their side of the story.
- If substance abuse is an issue, consider offering support through employee assistance programs (EAPs) or rehabilitation services.
- It is important to keep records of all communications and actions regarding the situation. This documentation can be important if any legal issues arise later.
What If You Are in the DOT Industry?
Failing a drug test carries specific, stricter consequences for employees subject to Department of Transportation (DOT) regulations. DOT employees must follow strict testing protocols. If a DOT employee tests positive for a drug test, they are typically removed from their safety-sensitive duties immediately and must undergo a return-to-duty process.
This often includes evaluation by a substance abuse professional (SAP) and completion of any recommended treatment programs before they can return to work. Employers must adhere to DOT guidelines because non-compliance can lead to legal and financial repercussions.
State and Local Drug Testing Laws
Keeping up with drug testing laws can be overwhelming, so just remember this:
-
Understand Employee Rights: Know your employees' rights and comply with them.
-
State Laws: Every state has its workplace drug testing regulations. Some may limit when and how to conduct these tests.
-
Local Regulations: In addition to state laws, local laws may have additional requirements for drug testing procedures, reporting, and consequences for failing a test.
Health Street as Your Drug Testing Partner
Navigating drug testing at your workplace can be challenging. However, we can help you! Health Street has thousands of nationwide testing labs, and we provide both DOT and non-DOT drug testing services. Whether you need urine drug testing, hair follicle tests, or alcohol screening—including breathalyzer tests—Health Street has you covered. We also manage random drug testing programs and offer onsite post-accident testing to streamline your processes. Register today.
