When Do You Know if Youve Passed a Random Drug Test
What happens when a job candidate or employee fails a drug exam? It'southward important for employers to understand their options and the legal side by side steps they should take after a failed drug test. Learn what to do when someone fails a pre-employment or employee drug test and how to ensure compliance with company policies and state and federal laws.
For many employers, navigating employee drug screening tin can be challenging. How they're performed, what drugs are tested, reading drug test results—there are many steps and policies employers need to follow to ensure off-white hiring practices. Moreover, employers must remain compliant with land and federal drug screening laws, equally well as the company's own written drug policy. In curt? It's a lot to keep upwardly with.
But what happens when a candidate or employee fails a drug test? What are the consequences of a failed drug exam, and what should hiring managers and employers practise in these scenarios?
Whether it's a pre-employment drug test or a periodic (random) drug exam for current employees, knowing all of the options and adjacent steps is crucial for both employers and employees. That'due south why GoodHire is breaking down what y'all need to know about failed drug tests and legal next steps.
How Often Do People Neglect Drug Tests?
In 2019, the percentage of US drug exam failures reached 4.5%—the highest charge per unit in 16 years. Drug-testing experts say the COVID-19 pandemic has likely accelerated some substance abuse and is contributing to the electric current failed drug test rates.
Currently, marijuana is the near detected drug on employee drug tests. This is despite the growing legalization of medical and recreational marijuana in different states.
In the Midwest, positivity rates for meth, cocaine, and marijuana have seen a dramatic increase, while positive results for heroin and opiates continue to fall.
Overall, positivity increases are happening across multiple industries, including retail merchandise, grantmaking, advocacy, personal services, and food service.
When it comes to failed drug tests, it'southward besides important to sympathise the context surrounding positive drug tests and the risk for fake-positives.
For example, if a candidate or employee tests positive for drugs or alcohol, you notwithstanding can't know how that drug became present in their system, when it was taken, or how much was taken. Farther, if a candidate or employee is taking certain prescription or over-the-counter medications, they may fail a drug exam. With failed drug tests on the rise, what do yous demand to know?
Consequences Of Failed Pre-employment Drug Tests
If a job candidate fails a drug test, both you and the candidate need to take several dissimilar steps. However, because in that location are several dissimilar scenarios and nuances across each company, industry, and land, information technology can be challenging to know what to do adjacent.
First, you should defer to your company's written drug policy about handling a candidate's failed drug exam. Earlier hiring a Consumer Reporting Agency (CRA) like GoodHire to perform drug screening, employers should have their own drug policies drafted showtime and in place for at least 30 days. Companies should also consult their legal counsel to draft these policies.
Side by side, ensure y'all're compliant with all federal and state pre-employment drug test laws. Federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 prohibit discrimination against candidates and employees based on a prior history of drug abuse or enrollment in rehabilitation programs.
They too prohibit profiling certain groups of candidates for drug testing or singling them out because they may appear to exist under the influence, as it may chronicle to a particular disability, illness, or medical status.
Drug test laws vary from state-to-state and can oft guide next steps (or consequences) for a candidate's failed drug test. For instance, in Alaska, employers tin use a failed drug examination as grounds for not hiring a candidate.
All the same, that candidate has the correct to explain a positive drug test within 10 days of the results. Like many other states, employers in Alaska can also refuse to hire a candidate if they don't submit to a drug test.
Consequences Of Failed Employee Drug Tests
Similar to failed pre-employment drug tests, there are several different steps employers need to have if a current employee fails a drug test.
For example, some companies may have a nada-tolerance drug policy and may stop an employee for failing a drug test. Other government-regulated workplaces must adhere to the Drug-gratuitous Workplace Act of 1988 if they receive any type of federal grant or federal contracts of $100,000 or more.
The consequences of a failed drug test tin can vary from company-to-company and state-to-state based on an employer's drug policy and country laws.
For example, in California, but those in positions of 'sensitivity' (pregnant, employees who are in charge of their own prophylactic or the safety of others) are authorized to be drug tested. If they fail a drug test, they may be referred for handling, suspended, or removed from the task. However, the private sector and public employers (with 25 or more employees) must "reasonably arrange" employees who want to seek drug or alcohol corruption treatment.
In other states, like Iowa, employees have the opportunity to explicate or refute a failed drug exam and request to exist retested. Further, whatever records of positive drug tests must be removed from an employee'south personnel file when they leave the company if they successfully completed a treatment program.
No matter the land, y'all should always err on the side of caution and follow the advisable adjacent steps in whatever instance of a failed drug test.
Under the Fair Credit Reporting Act (FCRA), if employers make up one's mind not to hire a candidate or to terminate an employee on the basis of a positive drug screening outcome provided past a consumer reporting agency like GoodHire, employers must provide the candidate or employee with a pre- and last adverse action notice.
These documents inform employees and candidates that their failed drug exam resulted in a decision to dismiss or non hire them, respectively. As an employer, if you violate this or whatever other adverse action step under the FCRA, your company could face costly financial penalties and lawsuits, making the cost of a drug test with assistance from a professional service like GoodHire well worth information technology.
Know All Your Options With GoodHire's Pre-Employment & Employee Drug Screening
GoodHire'southward candidate and employee drug screenings are designed for more than than merely detecting drugs in a person's organization. Our drug screening procedure is designed to help you meet your company's policy and drug-free work obligations, equally well every bit aid you stay compliant with applicable state and federal regulations.
With more than than 10 different drug-screening options, you tin select the correct drug test panels for your company'south manufacture and job positions, and feel confident knowing that all lab results are verified past Medical Review Officers (MROs) to ensure the highest possible accuracy.
And, every bit always, employers need to remain proactive nigh compliance past e'er consulting with your company's legal counsel regarding whatsoever questions or concerns about drug testing for candidates and employees.
Disclaimer
The resource provided here are for educational purposes but and practise not establish legal advice. Nosotros advise you lot to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
About the Author
Ashley Blonquist is a former news journalist. She writes well-nigh GoodHire'due south employment screening services and how employers use them to make informed hiring decisions.
Source: https://www.goodhire.com/resources/articles/consequences-of-a-failed-drug-test-options-for-employers/
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