Drug testing can help ensure a safe and productive environment while giving employers insight into employees’ behavior and habits. But what happens if an employee’s drug test returns with a failed result?
It’s essential to understand the consequences of a failed drug test. Employers must be aware of the legal implications and consider how to handle the situation best internally – and in a way that will protect their business.
This article will discuss employers’ full range of options when dealing with a failed drug test.
We’ll explore all the potential consequences, from disciplinary action to termination, and explain how to approach each scenario.
By understanding these possibilities, you can create strong policies that protect your organization from potential legal battles and less-than-ideal outcomes.
What Are Drug Testing Policies?
Drug testing policies are usually set to maintain a safe and productive work environment for employers and employees.
Depending on the state, employers may be required to implement drug testing policies in specific industries such as transportation, aviation, and healthcare.
The types of drug testing policies vary from state to state, as do the consequences of a failed drug test.
Generally, employers are legally obligated to notify employees that they may be subject to drug testing.
Before administering a test, they must have reasonable suspicion (such as erratic behavior or the smell of drugs).
Employers have several options depending on company policy and local laws if an employee fails a drug test.
They can opt for disciplinary action, require participation in an employee assistance program or referral to a drug counselor, or terminate employment altogether.
Employers must understand their legal obligations when implementing or enforcing drug testing policies to protect themselves and their employees.
Different Types of Drug Tests: Urine, Hair, and Saliva
What you might have yet to learn about drug testing is that there are three main types of tests: urine, hair, and saliva.
So let’s talk about these different types of drug tests and the pros and cons of each one.
Urine testing
Urine testing has been around for a long time, and it’s an affordable way to detect the presence of drugs in a person’s system.
This test can detect almost all drugs, but they can only do this for short periods after ingestion. This means that urine testing is not ideal for identifying long-term drug use.
Hair testing
Hair testing is more expensive than urine testing but can give employers more accurate results over longer periods.
With hair testing, employers can detect drug use up to 90 days after ingestion.
However, hair tests are less sensitive to certain drugs like marijuana, so they may not be as reliable when detecting this drug use.
Saliva Testing
Saliva testing is the newest type of drug test and is becoming more popular among employers because of its accuracy levels and affordability.
This test only requires a small sample, eliminating potential privacy concerns for employees.
Plus, saliva tests can detect recent drug use within 24-48 hours, making them ideal for identifying recent usage patterns or detecting drug use in the workplace.
The Consequences of a Failed Drug Test
A few options are available to employers for the consequences of a failed drug test.
They include:
Termination
Sometimes, an employer will terminate an employee who fails a drug test. This may be the most efficient and cost-effective option for larger companies.
Termination is easier for companies who want to avoid losing productivity or dealing with potential legal issues from a continuing employee who tests positive for drugs.
Probationary period
Another option is placing the employee on a probationary period with some form of corrective action, such as drug counseling or rehabilitation.
This would allow the employer to monitor the employee’s progress while helping them address their substance abuse issues.
However, this can be a lengthy and expensive process for employers in terms of time and resources, so it is only sometimes feasible.
Deciding which consequence to pursue after an employee fails a drug test depends on what is best for that business—including financial stability and overall productivity. Consulting with legal counsel is also advised to ensure that any actions taken comply with local laws.
Options Available to Employers When Dealing With Failed Tests
When dealing with an employee who has failed a drug test, employers have a few options: they can take no action, provide counseling, offer additional training, or issue a warning.
Take No Action
Sometimes, the employer may take no action if the drug test is unrelated to on-the-job incidents or behaviors.
For example, this might happen if the employee has failed a random drug test.
Counseling
It’s important to remember that substance abuse is often symptomatic of deeper problems in an employee’s life.
So offering counseling or referring employees to appropriate resources can help deal with their underlying issues.
Training
If an employer finds that an employee has violated the company’s drug policy, they may send them for additional training on the consequences of failing a drug test.
Also, training can help employees recognize and avoid situations that may lead to substance abuse.
This can be especially helpful for employees who have failed work-related drug tests and undergone further testing as part of a reinstatement procedure.
Warnings
For employees who have failed a drug test, employers could opt to issue warnings (verbal or written) as part of their response and discipline process.
Warnings should include details about what corrective actions will be taken if the employee fails another drug test.
What is a Good Excuse for Failing a Drug Test
When an employee or job candidate fails a drug test, the natural question is, “Why?”
There are several reasons why someone might fail a drug test, some of which are difficult to dispute.
Sometimes, an employee may have a valid excuse for failing a drug test. Some good excuses for failing a drug test are:
- The employee was taking medication with a warning label about the possibility of favorable results in a drug screening.
- They had inadvertently used products with ingredients like poppy seeds, which can appear in urine tests.
- Incorrect results due to issues with the collection and handling of the sample.
Considering all these possibilities before taking disciplinary action against an employee is essential.
If it’s possible to provide evidence or documentation to support any of these claims, employers should consider doing so before coming to conclusions or taking further action.
Creating a Drug-Free Workplace
Creating and implementing a drug-free workplace policy is one of the most important steps employers can take to reduce the number of failed drug tests in their organization.
Implementing such a policy requires employers to educate their staff on the critical elements of a Drug-Free Workplace Program. These include:
- Establishing a clear policy on drug and alcohol use
- Providing training and resources on how to recognize impairment from drugs or alcohol
- Disseminating information on available support services for employees struggling with substance abuse
- Establishing a set of consequences for employees who refuse or fail drug tests
- Performing regular random drug testing
- Implementing an employee assistance program (EAP) to provide confidential counseling services
A successful Drug-Free Workplace Program must ensure that all employees understand that workplace safety is essential and that the use of drugs or alcohol is not tolerated in any capacity.
Once this is established, employers can be sure they are taking proactive steps toward preventing failed drug tests in their organization.
Benefits of Implementing a Workplace Drug Testing Policy
Regarding workplace safety and compliance, employers can benefit from implementing a drug testing policy.
Most employers know the legal implications of drug use, but they may need to realize the potential benefits of implementing a drug testing policy.
Here are just a few advantages of implementing a drug testing policy:
Improved productivity
Drug use can reduce productivity and accuracy on the job. A drug testing policy sends a clear message to employees that drug use is unacceptable.
It will help to create an environment where everyone is expected to perform at their best.
Reduced accidents
Drug use can increase the risk of workplace accidents, resulting in costly losses due to legal actions and workers’ compensation claims.
A drug testing policy helps reduce this risk by deterring employees from using drugs.
Compliance with laws
Drug testing policies help employers meet government regulations and comply with industry standards regarding drug use in the workplace.
Protecting company reputation
A failed drug test can have serious implications for an employer’s reputation and financial bottom line, so having a sound policy helps protect these vital resources.
There are many benefits for employers who take measures to ensure workplace safety and compliance through preventative measures like drug testing policies.
Conclusion
The consequences of a failed drug test can be severe. Employers must know their obligations and the potential effects of a failed drug test.
Employers must take the necessary steps to ensure their work environment is safe, fair, and compliant with all relevant legislation.
It is essential to carefully evaluate all options available when dealing with a failed drug test.
Employers must also understand each potential outcome of the chosen action, including potential legal implications.
Following an appropriate policy for drug tests, offering reasonable accommodations and alternatives, and maintaining communication with employees are vital to ensuring drug testing is conducted correctly.
Employers should ensure they are compliant and up to date with current regulations to ensure they are making well-informed decisions.
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