Bridgitte Ofori 
As you sit in the waiting room, you’re tapping your foot nervously and the thought of missing your pre-employment drug test hits you hard. You remember that weekend you shouldn’t have indulged in. Now, you’re left wondering, “What happens now?” Don’t worry, you’re not the only one feeling this way.
The Civil Rights Act of 1964 says employers can’t pick people for drug tests based on things like race or religion. The Americans With Disabilities Act of 1990 also stops discrimination against job seekers because of past drug use or rehab programs.
But, what happens if you miss a pre-employment drug test or fail? Well, it can still lead to different outcomes based on where you are and the company’s rules.
If you missed the test because of a scheduling issue or your weekend fun, things might seem unclear. Employers have to follow certain steps, like the adverse action process under the Fair Credit Reporting Act (FCRA), if they take back a job offer or fire someone for a failed drug test. Knowing your rights and what could happen is key to getting through this tough time.
Understanding Drug Tests and Their Types
Drug tests are key in keeping workplaces safe and productive. They help employers find people who might have drugs in their system. This could be dangerous for the person and others. But, not all failed tests mean someone is using drugs on purpose. Sometimes, it’s because of legal drugs or being exposed to drugs in the environment.
Types of Drug Tests
There are different kinds of drug tests, like urine, saliva, hair follicle, and blood tests. Each test looks for drugs at different times and is more or less accurate. For instance, urine tests check for recent drug use, while hair tests look for use over a longer period. The type of test affects how likely someone is to get a failed result.
- Urine tests are the most common and can detect drugs from a few days to weeks ago.
- Saliva tests can only detect drugs for up to 72 hours, so they’re good for catching very recent use.
- Hair follicle tests can find drugs for up to 90 days, showing long-term drug use.
- Blood tests are less common but can spot drugs in the bloodstream for a few hours to days.
How Often Do People Fail Drug Tests?
In 2022, almost 5% of people in the U.S. failed a drug test, says Quest Diagnostics. This is up 30% from a low point between 2010 and 2012. The rise is especially big in jobs linked to national security and public safety, where being impaired could be very dangerous.
“Positive drug tests reached their highest rate since 2001. Up 30% from an all-time low between 2010-2012, with increases seen in employees who work in national security and public safety roles.”
These numbers show why it’s vital to know about failed drug tests and why they happen. By understanding the reasons, employers and workers can keep the workplace safe and responsible.
Ramifications of Failing a Pre-Employment Drug Screening
Failing a pre-employment drug test can lead to big problems for job seekers. If passing a drug test is a condition of the job offer, employers can take back the offer if you don’t pass. But, they must follow federal and state laws about drug testing.
What Happens After A Failed Pre-Employment Drug Test?
If you fail a pre-employment drug test, the employer must let you explain or dispute the result. They can’t just take back the job offer without giving you a chance to speak up. They must follow the rules of the Fair Credit Reporting Act (FCRA) before taking action.
The Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990 say employers can’t discriminate because of a drug test result. Employers must make sure their drug testing is fair and the same for everyone. They might also need to make accommodations for people who test positive due to a doctor’s prescription.
The outcome of failing a pre-employment drug test varies by employer and law. Some employers might not give a second chance, while others might offer help with treatment and future tests. It’s important for job seekers to know their rights and what could happen if they fail a drug test.
“The use of drugs in your workplace could lead to issues with workplace safety, productivity, and morale. As an employer, it’s important to have clear policies in place to address failed drug tests and ensure you’re in compliance with the law.”
What Happens If You Miss a Pre-employment Drug Test
Getting a drug test at work can make you feel anxious. But what if you don’t pass it? The outcome depends on your company’s rules and federal and state laws.
Many employers test their workers randomly or at certain times. They might test you after an accident or if you show signs of drug use. If you fail a drug test, you could lose your job.
Company Policies and Regulations
Your company’s rules and laws decide what happens if you fail a drug test. Some places, like those under the Drug-Free Workplace Act of 1988, fire you right away if you test positive. This is because they don’t allow any drug use.
Other companies might let you go to rehab or counselling before deciding what to do next. They want to help their workers who struggle with drugs.
Employee Rights and Disputing Results
If you think a drug test was wrong, you can talk to your boss and the lab that did the test. Mention any medicines or supplements you’re taking that might have affected the results. You might even get a second test at your cost.
Knowing your rights and how to challenge a failed drug test is key. Being proactive can help you fix the issue and avoid losing your job.
Root Causes and Duration of Failed Drug Screenings
Failing a drug test can lead to big problems, like losing a job or missing out on new ones. But why do people fail these tests? The reasons are often complex and varied. Knowing what causes these failures and how long they last is key to understanding this issue.
What Makes People Fail A Drug Test?
Many things can cause a failed drug test, not just using illegal drugs. Some prescription and over-the-counter medicines, certain foods, and even some personal care products can lead to a positive test. For example, eating hemp seeds or poppy seeds, or using mouthwash, hand sanitizer, or CBD oil, can also cause a failed test.
- Prescription and over-the-counter medications
- Consumption of hemp seeds, poppy seeds, and other foods
- Use of mouthwash, hand sanitizer, and CBD oil
- Alcohol and illegal drug use
It’s important to know that sometimes tests can show false positives. Employers usually do more tests, like GC-MS, to make sure the first test is right. Sometimes, people get another chance or can go through rehab, based on the company’s rules and local laws.
How Long Do Failed Drug Screenings Stay On Record?
How long a failed drug test stays on record depends on the job and the rules. For jobs that need extra safety, like in the DOT, a failed test is kept for five years in the Drug and Alcohol Clearinghouse. This can really affect someone’s job chances in similar fields.
But for jobs not covered by DOT rules, how long a failed test is kept is up to the employer. Some might keep it secret, while others might keep it for one to three years. Knowing what your employer does with these records is important if you’ve failed a test.
“Committing to rehabilitation after a failed drug test can lead to potential re-employment opportunities in the future.”
In Conclusion
Failing a pre-employment drug test can lead to losing a job offer. But, it’s not always a simple yes or no situation. Knowing the company’s drug testing rules and your rights helps you handle these challenges better.
A failed drug test doesn’t mean you’re out of options. Look for professional advice, consider retesting, and deal with any issues that led to a positive result. With the right steps, you might still get the job you want.
This article highlights the need to understand drug testing policies at work. It also talks about what to do if you fail a drug test and the risks of failing one before getting a job. Being informed and proactive can help you succeed in this situation.
