Employees may fail a drug test for a variety of reasons. There are legal implications, reasonable accommodation, and employee discipline issues. Learn about SAMHSA guidelines and how to handle these situations. After all, your employee’s health and safety are paramount. However, sometimes employees might test positive for drugs or alcohol, and you must take appropriate action. Your company’s drug testing policy will come in handy in such a situation.
Employees who failed pre-employment drug test often have various excuses. They may argue that the test was not conducted correctly or that the results needed more accuracy. In such cases, an employer should try to understand the underlying reasons for the positive test. There are several ways to approach the situation, including offering an assistance program.
Employers often conduct random drug tests or administer tests after an employee reports an absence or injury. Some even require pre-employment drug testing. An employer may decide not to hire a candidate who tests positive for drugs and may also be subject to disciplinary action.
Reasonable accommodation
The employer learns that one of its employees has a physical condition that requires them to sit down on a stool to deliver messages. The employee is often tired and has difficulty making it through a shift. The employee requests a reasonable accommodation to make his job more manageable. The employee’s psychiatrist has provided documentation demonstrating that his condition is permanent and that he takes medication to regulate the frequency of episodes.
Under FEHA and ADA, an employer may grant reasonable accommodation for an employee who cannot perform job functions because of a physical disability. Reasonable accommodation can be job-protected time off.
Discipline
If an employee fails a workplace drug test, the employer has several options to consider. The first option is counseling. Counseling is usually a low-key process and should take place privately. The goal of counseling is to identify the issue and obtain input from the employee. It should also clarify the employer’s expectations.
Another option is drug rehabilitation. Some employers may want to offer this option as a last resort. However, they must ensure the employees know this is their last chance to correct any drug or alcohol use. In addition, employees must also agree to undergo follow-up tests if needed. However, the employer must have solid proof to discipline an employee who fails a drug test. In addition, employers must be cautious to avoid defamation claims, so they must clearly state that the employee has been unable to do workplace drug testing.
Human Error in The Lab
Human error can play a significant role in workplace drug testing. The results can be inaccurate when tests fail to differentiate between legal and illegal substances. In 1992, 22 million drug tests were conducted, and five percent of the results were false positive. That number would mean 1.1 million people were wrongfully terminated. That’s a conservative estimate. Whether or not these false positive results cost the company billions of dollars in lost productivity is difficult to say. Still, it does show the importance of clarity in drug testing policies.
There are several reasons why employers use drug tests. First, the tests are intrusive. Drug testers often require workers to remove outer clothing and urinate in a bathroom that has been turned off. The urine sample is then tested for illegal drugs, medical conditions, and pregnancy. Some companies have admitted to using urine tests to screen pregnant workers.
Pre-Employment Drug Testing
If you are an employer and your employees fail a pre-employment drug test, you should understand the consequences. A failed test can lead to the termination of employment, disqualification from the position, or even a revocation of the offer. If your employees fail a test, it is essential to know the consequences of each scenario so you can make the best decision possible. Some employers will even require professional help for this process.
First, consider that drug addiction is regarded as a medical problem. If you suspect an employee has a drug addiction, consider providing assistance. In many cases, the employee may be able to convince you of their innocence if they are allowed to take a second drug test at a drug testing facility.
Random Drug Testing
In some workplaces, drug tests are required for employees. The employer is trying to ensure that there is a safe working environment. Drug use can prevent employees from performing their duties properly, putting themselves and their co-workers in danger. There are penalties for failure to pass a drug test, including being terminated from a job or losing unemployment benefits.
Random drug tests can be administered on an ongoing basis and must be appropriately documented. Employers must also provide employees with adequate time to get to and from the testing clinic. They must also tailor the program to meet the needs of the company. It is best to limit the number of employees that are tested and to test only those that are in positions that are considered safety sensitive. Additionally, employers must record every step of the procedure to safeguard themselves in the event of an audit or legal action.