What if I fail a DOT drug test?

If you fail your DOT regulated drug test, DOT regulations require your employer to immediately remove you from performing any DOT safety-sensitive job. There may be other consequences, too, like losing your certification or license. This depends on your company’s policy or employment agreement.

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. “As a medical review officer, I would review a patient’s medical history.

Can you fight a positive DOT drug test?

DOT and USCG regulation may prohibit you from performing your safety-sensitive functions after a positive test result or refusal to submit to testing. You should be aware that a positive, adulterated or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment agreement.

Can you fight a failed drug test?

If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.

What happens if you fail a drug test but have a job?

For the most part, states will have laws laid out for employers to follow in the case where an employee has failed a drugs test. It is an employer’s responsibility to make themselves aware of the law for their state. As an employee, you can discuss this with your employer. There may be additional steps employers must follow for current employees.

Is it legal for an employer to test an employee for drugs?

Assuming your employer is not required to test its non-driving employees for drugs, it could still be allowed to do so by state law. Virtually every state allows employers to test applicants for drug use at the time of hire.

Can a person challenge the results of a drug test?

In states where marijuana is legal, employers may need to follow specific guidelines before making an adverse employment decision. For example, in Illinois, employees must be given the opportunity to challenge the results of the test.

What happens if a drug test comes back negative?

If the worker has an acceptable explanation for the result, the drug screen is reported to the employer as a negative test result, the same as it is reported if no drugs were found.