In some states, however, you may not be allowed to automatically terminate an employee who failed a drug test. Make sure to disclose any medications that can trigger a false positive result. An employer can deny employment or fire you if you fail a drug test. However, you should not just accept a failed drug test because false positives can occur.

1. In other states, like Vermont, companies can’t terminate employees after their first positive drug test if they agree to seek treatment.
2. A physician-scientist with a combined background in pharmaceutical chemistry, medical toxicology, emergency medicine, and addiction medicine, Dr. Weiss is a staff clinician in NIDA’s Intramural Research Program.
3. These non-invasive tests provide useful and rapid results, but the antibodies can sometimes be fooled and bind to other chemicals that are similar in shape to what they were supposed to detect.
4. Her counselor and I believed her, so we got the confirmatory test results for her first urine sample to compare to the second results.

Usage of legal or illegal drugs while working can cause:

Ask them if any of the ingredients inside your medication could have caused a positive test result. The foods on this list might seem harmless, but can still cause a positive test result. For example, tonic water contains quinine, a substance that is sometimes mixed with heroin. Poppy seeds are notorious for causing people to test online therapy for addiction positive for opiates, specifically morphine. You may even be explicitly advised to avoid any foods containing poppy seeds, such as granola bars, for at least 24 hours. If you test positive for a legal drug prescribed by your doctor, your employer can’t penalize you, unless the drug is affecting your ability to perform your job.

Can an Employee Be Terminated for Drug Use Off the Job?

If this is not an option, you can try and delay the drug test for as long as possible. This will give some more time to get any toxins out of the system and increase the chances of passing. “Employers have the right to expect workers not to be high or drunk on the job,” the organization says. “But they shouldn’t have the right to require employees to prove their innocence by taking a drug test.” Still, some US government agencies and many “safety-sensitive” industries consider cannabis a dealbreaker for candidates. Quest’s Sample says “changing attitudes toward its use could pose heightened risks especially in safety-sensitive positions and those states exploring legalization.”

What do drug tests really tell us?

Nonetheless, it is entirely possible for a drug screening to display a false positive, and there are several potential reasons. Checkr helps make drug testing faster, simpler, and more accurate. At Checkr, you can select from a variety of employment drug tests, animal therapy such as standard multi-panel and DOT-compliant screenings, to make the hiring process more efficient. Our centralized dashboard and easy ordering workflow speeds up testing, improving the candidate experience and potentially reducing your total screening costs.

Employer Obligations & Recommendations

This means that a result is only positive when the test detects an amount of a drug that is above a certain level. Cut-offs also reduce the likelihood of testing positive due to only passive exposure to a drug. If an employee is under the influence of drugs and alcohol at work, this can be a serious liability for your company – especially in the case of safety-sensitive positions. In the event an employee tests positive for any number of illegal narcotics, review your company’s drug policy and regulations in your area before taking action.

However, the patient adamantly denied using fentanyl since entering treatment. Her counselor and I believed her, so we got the confirmatory test results for her first urine sample to compare to the second results. The second fentanyl test was positive—but only for the chemical product the body breaks fentanyl down into, and only barely above the threshold of detection. If they had waited another day or two, she might have tested negative that second time.

Athletes and fitness enthusiasts may test positive due to the use of performance-enhancing drugs like anabolic steroids, stimulants, or human growth hormones. Certain depressant wikipedia dietary supplements and herbal remedies can interfere with drug test results. Renew now to continue enjoying your exclusive Executive Network benefits.

Under federal law, employers may need to follow Fair Credit Reporting Act notice requirements if they use a background-check company to obtain the results from a drug testing lab. State laws vary regarding the steps employers must take after an employee fails a drug test. Pre-employment screening can be more straightforward than random and post-accident screening and tests based on reasonable suspicion.

This condition prevents people who use drugs from gaining employment in these workforces. However, it is unlikely that the company will contact law enforcement authorities. False-positive tests can happen, and organizations will hardly ever bother running a confirmatory check in the pre-employment stage. If a business reports you to the police, you could sue them if the test results aren’t accurate. Your first order of business is to request a GC-MS test which should always be conducted in the event of a positive result.

There are countless over-the-counter (OTC) medications and prescription drugs containing substances that could lead to a false positive. If you test positive for marijuana and live in a state where it is legal, employers may still be able penalize you. In Vermont and Minnesota, for example, you cannot fire someone for failing a drug test if they agree to enter a rehabilitation program. Other states have rigid requirements regarding notifying employees of positive results.

In some locations, the employee must be given the opportunity to contest the results and retest. Now is a good time to review your contract, specifically the firm’s anti-drugs policy. It should provide you with information on what to do next if an employee wishes to contest what they claim is a false positive. Other factors, including hemp seed oil, B2, riboflavin, and medical conditions such as diabetes, liver disease, and kidney disease, could also cause a false-positive result for THC in a drug screen. A 2020 study published in Missouri Medicine looked at mislabeling, contamination, and fraud in CBD products.

This limits the pool of job opportunities for individuals with substance abuse issues, especially in industries where pre-employment drug testing is prevalent, such as transportation, healthcare, and government. According to GoodHire, pre-employment drug tests are easy to conduct but not very accurate. They are often subject to “false positives,” which appear to detect a substance that isn’t actually found in the specimen. The majority of employers want to avoid immediate termination for a failed drug test, especially for valued employees who have been with the company for many years. Many companies implement options like three-strike policies and give employees a chance to retake mandatory drug tests after a set period. Other employees offer what are called Employee Assistance Programs (EAPs).

If we take your case, we will represent you on a contingent basis, meaning that our fee will be a percentage of the recovery we obtain on your behalf. We won’t charge you by the hour, and you won’t receive a monthly bill. If you’re in the market for workers comp insurance or a well-written policy, let us know.

A doctor or trained technician usually performs a urine drug screening. A member of an emergency services team may request a urine drug screen if they suspect that a person is behaving strangely or dangerously due to the influence of drugs. Many employers understand these panel tests may result in false positives. When it comes to informing an employee, make sure you know the legal requirements in your area (i.e., bringing in written notice of a failed test). Always have the conversation in a private office and remember to breach the topic with sensitivity.