Certain dietary supplements and herbal remedies can interfere with drug test results. Download your copy of the Neathouse Partners Employment Law and HR Guide 2024 – a handy resource for every business manager covering various aspects of employment law and HR. The employer doesn’t necessarily have to approve the precise accommodation that the employee seeks, said Jennifer Mora, an attorney with Seyfarth Shaw in Los Angeles. But engaging in an interactive dialogue “shows that the employer is mindful of the issues and might go a long way in preventing unwanted litigation,” she explained. If it is calling to share the results, the employer should make sure the person can discuss a confidential matter.

What Happens After a Failed Drug Test? An Employer’s Guide

If you’re unsure which laws are in effect in your area, consult your legal counsel. Disclosing any prescription medications upfront can save you a lot of headaches. Before your test, inform the testing administrator about any legal substances you are taking that might flag positive in a goodbye letter to alcohol drug screen.

What information cannot be obtained from positive drug test results?

Before taking any action, you should review your company’s drug stages of sobriety alcohol testing policy and follow those guidelines. Federally, the Civil Rights Act of 1964 prohibits employers from selecting individuals for drug testing based on protected classes, such as race, religion, or national origin. The Americans With Disabilities Act of 1990 prohibits discrimination against job candidates based on previous drug use or enrollment in a rehabilitation program. It also makes it illegal to single out people for drug testing because they appear to be under the influence. Behavior that seems to be substance-induced may be related to a disability, illness, or medical condition.

But running a drug testing program can be time-consuming for human resources teams and leave your organization open to compliance risks as you navigate changing drug testing laws. Whether failing a drug test disqualifies candidates from employment or not depends on employer policies and legal requirements. For regulated positions, federal, state, and local laws may require employers to remove a candidate from consideration due to a failed employment drug test. When not required by law, employer policies will dictate whether a failed drug test results in disqualification. Employers have a legal obligation to ensure the health, safety and welfare of employees at work.

Whether the failed drug test was administered pre-employment, post-incident or otherwise, employers should take a step back and think through the situation before taking any adverse action, Phillips said. Understanding what will be tested can help you focus your efforts correctly. Spend some time researching the specific drugs that will be screened for in your test. Knowing the half-lives of these substances and their typical detection windows can help you plan accordingly. Information is readily available online, and being well-informed puts you in a stronger position to pass the test.

This disclosure won’t automatically exempt you from repercussions, but it does provide context that’s crucial for accurate interpretation of results. Even over-the-counter medications can sometimes cause false positives, so don’t overlook any substance you’re ingesting. The connection between background checks and drug tests is often misunderstood. A background check generally involves verifying your employment history, criminal record, and education. Drug tests, on the other hand, are separate and primarily used to detect illegal substances in your system. Some employers may bundle these checks as part of a comprehensive onboarding process, but it’s not a given.

1. Understanding the specific substances included in each panel allows for proper test preparation and accurate interpretation of results.
2. That’s why understanding why the candidate “failed” the background check helps you make an informed, and best, decision for your company.
3. SHRM Members enjoy unlimited access to articles and exclusive member resources.
4. This guide will explain what’s included in different employment drug testing panels, how the tests work, how to properly read and understand drug screen results, and what to consider if a candidate has a positive result.

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The ramifications vary depending on industry standards, company policies, and regional laws. Understanding the specifics—from immediate consequences to legal recourse—equips job seekers and employees with the knowledge to navigate this challenge. Interpreting drug test results and making fair employment decisions requires an understanding beyond a “positive” or “negative”. Partnering with a background check provider that offers drug testing can help streamline logistics, simplify results analysis, and support compliance. Drug screening is considered a type of employment background check and therefore the requirements of the federal Fair Credit Reporting Act (FCRA) also apply.

For example, some government-regulated workplaces must adhere to the Drug-Free Workplace Act of 1988 if they receive federal grants or contracts of $100,000 or more. Other employers with a zero-tolerance drug policy may terminate employees for failing a drug test if the state allows it. Lower cut-off thresholds make tests more sensitive, leading to a greater chance of false positives because of trace amounts of a substance (such as OTC painkillers or sleep aids). Higher cut-off thresholds decrease false positives but tend to allow more low-level drug use to go undetected.

Does Failing A Drug Tests Disqualify You From Employment?

Phillips noted that no state law or court has said that employers must accommodate on-the-job use or intoxication. how to wean off prozac 10 mg The use of topical THC products, such as lotions, is another area rife with misconceptions. Generally, THC lotions are not likely to result in a positive drug test because they are designed to deliver relief to a targeted area without entering the bloodstream in significant amounts. However, the risk isn’t zero—heavy or prolonged use might increase this risk. To best understand how to read drug test lab results, you also need to know what was included in the test. Each drug that is tested has a detection window, which is the length of time a drug remains in a person’s system and can be detected on a test.

“The trouble is with knowing when someone is actually under the influence at work,” he said. As with alcohol use, employers should train their managers to look for signs of intoxication, he added. Supervisors can fill out a standard form noting the date and time and the observed behaviors—such as stumbling, slurred speech, etc. 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.