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

Employers implement both pre-employment and ongoing employee drug testing strategies to maintain workplace safety and regulatory compliance.While the testing system is identical, the process and protocols involved are very different.

Pre-employment drug screening

A pre-employment drug test is now standard within many industries. The hiring process always comes with a degree of risk, and drug screenings, along with background checks, are a way of minimizing said risk. Once an employee is hired, they might be asked to undergo a drug test as part of the onboarding process. 

If they pass, it’s business as usual; however, a failed drug test during pre-employment screening typically results in the employer rescinding the job offer to mitigate potential workplace risk While a company cannot force you to take a drug test, non-compliance will probably be seen as an admission of guilt and, therefore, looked upon as a positive test.

Employee drug screening

Drug screening doesn’t necessarily stop when an employee is hired. Depending on the job and position, they might be retested at specific points, say every six months or one year, or be part of random testing, which can occur at any moment. Employers may initiate drug testing after workplace incidents or observable behaviors that suggest potential impairment.

These drug tests are often part of maintaining a safe work environment, especially in industries like transportation or construction, where safety is critical.

Failing a pre-employment drug test is one thing, but failing a drug test while employed is quite another. When a company accepts liability for its employee’s actions, failing a drug test while employed is quite another. A failed test could not only risk the safety of others but also open the door to legal and financial consequences for the company.

Unfortunately, there is no one-stop drug test that covers both recent and prolonged use. Here are the most common types of drug tests and what happens when someone fails each one:

• Saliva Test: Saliva tests are a quick and easy way of detecting whether somebody has recently used drugs, but they aren’t ideal for looking into drug usage outside of 24 hours. It’s a popular method of on-the-spot testing and is usually an effective way of determining whether somebody is or isn’t under the effects of drugs. 
• Urine Test: Urine tests are the most common drug screening method because they are low-cost and noninvasive. Depending on the substance, they can detect drug use within the past few days or weeks. A failed urine test can indicate habitual use or a one-off, depending on the levels detected.
• Hair Test: Hair tests can trace drug use back as far as 90 days, making them a valuable method of highlighting a pattern of use over a significant period, which can raise concerns about an employee’s long-term behavior and choices.
• Blood Test: Blood tests at work are rare because they’re invasive and costly. However, it is the most accurate way of determining whether somebody is currently under the influence or has used it within the last few hours.
• Breath Alcohol Test: This is specifically used to detect alcohol use and is commonly used in fields like transportation. A failed breath alcohol test typically leads to immediate action, especially if the employee is in a safety-sensitive position.

Employers commonly test for a standard set of substances, known as a ‘five-panel’ drug test. This includes:

• Marijuana
• Cocaine
• Opiates (heroin, morphine)
• Amphetamines
• Phencyclidine (PCP)

Some employers may opt for more extensive panels that also include drugs like benzodiazepines, barbiturates, or synthetic opioids, depending on the nature of the job or specific risks associated with the industry. 

While failed drug tests are still rare in the grand scheme of how many tests are administered, they have been creeping up in recent years. According to Quest Diagnostics’ recent report from 2022, 4.6% of all tests came back positive. The rise in marijuana use (especially as legalization spreads) has played a significant role, but other drugs like methamphetamines and opioids are also causing concern.

Failure rates fluctuate dramatically across different industries. Within safety-sensitive industries, such as aviation and construction, failed tests are typically lower because of frequent testing and stringent regulations. However, sectors that don’t require routine drug testing may see higher failure rates simply because the risk of detection is lower.

What happens after a failed drug test largely depends on the employer’s policies and the type of test administered. However, there are some common steps most companies follow:

• Initial Notification: Once the laboratory confirms a positive result, the employer receives formal notification and proceeds according to established policy protocols. Depending on the company’s policy, this could trigger an immediate suspension, especially in safety-sensitive roles.
• Review Process: Depending on the policy, a review process might come next, in which the employee has the opportunity to explain the result. This may also include a Medical Review Officer (MRO) may evaluate the employee’s medications or supplements to determine whether they could have contributed to the positive test result.
• Retesting: If the employee believes the test result was a false positive, they may be entitled to a retest. While false positives aren’t common, they do happen, so if an employee is adamant about the result, retesting helps clear up the situation and prevent a potential legal quandary.
• Consequences: Depending on company policy, the consequences of a failed drug test can range from mandatory counseling or rehab, to immediate termination. For employees in safety-sensitive roles, a failed test could mean automatic disqualification from the position.
• Documentation: Employers must carefully document the entire process to ensure compliance with legal regulations and protect themselves from potential lawsuits. Maintaining detailed records is essential, especially in the event of disputes.

There are a few reasons why people fail drug tests, and they’re not always intentional. Here are some common causes:

• Recreational Drug Use: The most logical reason for a failed drug test is recreational use. Whether it’s marijuana, cocaine, or prescription opioids, drug use within a certain window before the test will show up as positive. Where things start to get complicated is in states where marijuana has been legalized but is still drug-tested by many companies. 

In this case, companies have been urged to proceed with caution because taking action against an employee can result in legal action if they can prove that it was taken recreationally and didn’t affect their work. 

• Prescription Medications: Certain painkillers, antidepressants, or even over-the-counter medications can trigger a positive result for opioids or amphetamines.
• Contaminated Samples: Very rare, but again, it does happen. There have been instances where samples have been contaminated, either with other samples or through accidents or poor handling. 

Each drug carries a different statistical likelihood of producing a false positive. Amphetamines appear to be the worst, with a recent study showing a batch of 10,011 urine drug screens returning a 35% false positive rate, which is quite astonishing. Other drugs are usually much lower, but it’s important to know what to do when they come up. 

When an employer or employee believes a test result is inaccurate, the employer should first request a review by a Medical Review Officer, who will check for any medications or other substances that could have caused the issue. Should the employee insist they didn’t take any drugs, a retest using a more accurate method (like GC-MS) can provide more conclusive results.

The important takeaway here is to handle these situations delicately to avoid unnecessary conflict or legal issues. You shouldn’t jump to conclusions until speaking with the experts and the employee in question.