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

Drug tests are an essential part of keeping a safe workplace. The consequences of accidents caused by drug or alcohol use can be enormous, which is why many companies now have a zero-tolerance approach to drugs that is backed up by stringent drug screenings. 

Once a positive drug test comes back, serious decisions must be made. In this guide, we’ll break down the steps, procedures, and options for employers when faced with a failed drug test.

Workplace Drug Testing

Workplace drug testing can usually be divided into two categories: pre-employment and employee drug screening. 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. If they fail, most employers will immediately withdraw the offer. 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. Employees might also be tested if they are involved in an accident or if their actions raise suspicions. 

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.

Types Of Failed Drug Tests

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.

What Drugs Are Tested For?

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. 

How Often Do People Fail Drug Tests?

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?

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: The employer is notified once the lab confirms a positive result. 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), who will review any medications or substances the employee is taking that could have caused the positive 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.

What Makes People Fail a Drug Test?

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. 

How To Handle False Positives

Different drugs have different likelihoods of coming with 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. 

If you think an employee has failed a test due to a false positive, the first step is to have the results reviewed by an MRO, 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. 

Frequently Asked Questions

How Long Does a Failed Drug Test Take To Come Back?

Initial results from a screening test usually come back within 24-48 hours, but if it requires further confirmation or retesting, it could take up to a week for final results to come through. Blood and saliva tests are often faster, while hair tests take longer due to the more complex process involved.

How Long Do Failed Drug Screenings Stay on Record?

Suppose an employee fails a drug test in industries where safety is critical, such as transportation or aviation. These findings will likely be forwarded to federal databases and can stay on record for years. In most other industries, the duration depends on the employer’s record-keeping policies. 

Final Thoughts

A failed drug test is bad news for everybody. For the employee, who might soon lose their job, and the employer, they might be forced to fire a person who has served them faithfully for many years. It’s a stressful situation for everybody involved, but follow your process and procedures carefully, don’t jump to any conclusions, give the employee a chance to explain the test, and be open to what they have to say. 

Pre-employment drug screenings are vital to ensuring that the person you’re bringing on board isn’t coming with unnecessary baggage. ScoutLogic provides a thorough and accurate drug screening assessment for all candidates, which means you can start Day 1 with the confidence you need.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.