Even if you have failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results. Drug testing law is complicated and varies from state to state. For general information about laws in your state, see “State Laws on Drug Testing.”
Can you fight a failed drug test?
Some companies will allow strong candidates to retake a drug test. The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result.
Will a job still hire you if you fail a drug test?
Pre-employment screening can be more straightforward than screening for existing staff, Phillips said. If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.
Does a failed drug test go on your medical record?
According to the Equal Employment Opportunity Commission, “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.”
How long does it take for a failed drug test to come back?
Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT).
Can you ask for a retest for drug test?
Candidates may request a retest of the original urine sample within five working days after notification of a positive test result. This retest is at the expense of the candidate, unless the original test result is called into question by the retest.
What happens if a drug test comes back positive?
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
Is it legal for someone to watch you pee during a drug test?
Is that legal? Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.
Can a job do a random drug test?
Random drug screen.
If your company policy allows for random drug screens, an employer can test an employee at any time. This can be especially important in high-turnover industries or for employees working in safety-sensitive positions.
What happens if a CDL driver failed a drug test?
FMCSA told CCJ in a statement that any driver who fails a drug test and has not completed the required return-to-duty procedures is disqualified from driving. But, says Close, “it’s up to the employer to learn of it,” if a driver doesn’t notify their fleet they’ve failed a drug test elsewhere.
Why is drug test taking so long?
Positive Initial Results Take Time to Confirm
The good news for employers is that results are presented much more quickly when test results are negative. But as the MRO process is strongly regulated and must be performed a precise way, drug test results do occasionally take several days to confirm.
Will menstrual blood affect urine drug test?
Menstrual blood can contaminate a urine sample. Vitamin C supplements, food coloring in candy, and the natural color in beets can affect the color of your urine.
Will I fail a drug test if I drink the night before?
It is possible for your system to still have enough alcohol in it the next morning that you could fail a urine or blood test for driving under the influence. You would definitely have a problem trying to pass a test that is designed to detect the presence of any alcohol.