Can a Company Drug Test You After Your Hired
What happens when a job candidate or employee fails a drug examination? Information technology's important for employers to understand their options and the legal next steps they should take later on a failed drug exam. Learn what to exercise 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 be challenging. How they're performed, what drugs are tested, reading drug test results—at that place are many steps and policies employers need to follow to ensure off-white hiring practices. Moreover, employers must remain compliant with state and federal drug screening laws, as well as the company's ain written drug policy. In short? It's a lot to go along up with.
Just what happens when a candidate or employee fails a drug test? What are the consequences of a failed drug test, and what should hiring managers and employers do in these scenarios?
Whether it's a pre-employment drug test or a periodic (random) drug test for current employees, knowing all of the options and next steps is crucial for both employers and employees. That'south why GoodHire is breaking down what you need to know well-nigh failed drug tests and legal next steps.
How Often Practise People Fail Drug Tests?
In 2019, the percent of United states drug test failures reached four.5%—the highest rate in sixteen years. Drug-testing experts say the COVID-19 pandemic has probable accelerated some substance corruption and is contributing to the current failed drug test rates.
Currently, marijuana is the most 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 increment, while positive results for heroin and opiates continue to autumn.
Overall, positivity increases are happening beyond multiple industries, including retail trade, grantmaking, advocacy, personal services, and nutrient service.
When it comes to failed drug tests, it's also of import to empathise the context surrounding positive drug tests and the risk for false-positives.
For example, if a candidate or employee tests positive for drugs or alcohol, you even so can't know how that drug became nowadays in their system, when it was taken, or how much was taken. Further, 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 rising, what do yous need to know?
Consequences Of Failed Pre-employment Drug Tests
If a job candidate fails a drug examination, both you and the candidate need to accept several different steps. However, because in that location are several different scenarios and nuances across each company, industry, and land, information technology tin be challenging to know what to do next.
Start, you should defer to your company'south written drug policy about handling a candidate's failed drug test. Before hiring a Consumer Reporting Agency (CRA) like GoodHire to perform drug screening, employers should take their ain drug policies drafted first and in place for at least 30 days. Companies should also consult their legal counsel to typhoon these policies.
Next, ensure you're compliant with all federal and country pre-employment drug examination 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 also prohibit profiling sure groups of candidates for drug testing or singling them out considering they may appear to be under the influence, as information technology may relate to a particular disability, disease, or medical condition.
Drug examination laws vary from state-to-state and tin can often guide next steps (or consequences) for a candidate'south failed drug test. For example, in Alaska, employers can employ a failed drug test as grounds for not hiring a candidate.
However, that candidate has the right 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
Like to failed pre-employment drug tests, at that place are several different steps employers need to take if a current employee fails a drug examination.
For case, some companies may have a zilch-tolerance drug policy and may terminate an employee for failing a drug exam. Other government-regulated workplaces must attach to the Drug-free Workplace Deed of 1988 if they receive any type of federal grant or federal contracts of $100,000 or more.
The consequences of a failed drug examination can vary from company-to-company and state-to-country based on an employer'south drug policy and state laws.
For example, in California, but those in positions of 'sensitivity' (meaning, employees who are in charge of their ain safe or the prophylactic of others) are authorized to be drug tested. If they neglect a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must "reasonably accommodate" employees who want to seek drug or alcohol abuse treatment.
In other states, like Iowa, employees take the opportunity to explain or refute a failed drug examination and request to be retested. Further, any records of positive drug tests must be removed from an employee's personnel file when they exit the company if they successfully completed a treatment plan.
No matter the country, you should e'er err on the side of caution and follow the appropriate next steps in any instance of a failed drug examination.
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 ground of a positive drug screening consequence provided past a consumer reporting agency like GoodHire, employers must provide the candidate or employee with a pre- and final adverse action notice.
These documents inform employees and candidates that their failed drug test resulted in a decision to dismiss or not hire them, respectively. As an employer, if you violate this or any other adverse action stride under the FCRA, your company could face costly financial penalties and lawsuits, making the cost of a drug test with assist from a professional service similar GoodHire well worth it.
Know All Your Options With GoodHire's Pre-Employment & Employee Drug Screening
GoodHire'south candidate and employee drug screenings are designed for more than just detecting drugs in a person'south system. Our drug screening procedure is designed to help yous see your company's policy and drug-gratis piece of work obligations, equally well as help you lot stay compliant with applicable state and federal regulations.
With more 10 different drug-screening options, you can select the right drug test panels for your visitor's manufacture and task positions, and feel confident knowing that all lab results are verified by Medical Review Officers (MROs) to ensure the highest possible accuracy.
And, as always, employers need to remain proactive near compliance by always consulting with your visitor's legal counsel regarding any questions or concerns about drug testing for candidates and employees.
Disclaimer
The resources provided here are for educational purposes only and exercise not constitute legal advice. We advise you to consult your own counsel if you take legal questions related to your specific practices and compliance with applicative laws.
About the Author
Ashley Blonquist is a erstwhile news journalist. She writes near GoodHire'due south employment screening services and how employers use them to make informed hiring decisions.
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Source: https://www.goodhire.com/resources/articles/consequences-of-a-failed-drug-test-options-for-employers/
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