Can You Still Get Hired After A Failed Drug Test?
Failing a pre-employment test for drug or alcohol use doesn’t mean you won’t get the job. Every company has different policies regarding failed drug tests. Being open and honest about any substance use is the best policy regarding drug testing.
After you receive a job offer, many companies perform a background check and pre-employment drug test. Most companies use urine drug tests; although, hair, saliva, or blood tests may be used in rare cases.
If you fail a pre-employment drug screening, a retest is often performed by a medical review officer to ensure it is not a false positive.
Certain prescription medications and other factors may cause false positives. Even if the result is confirmed positive, a failed drug test result doesn’t always mean you won’t get the job.
Every company has its own individual policies for hiring job applicants and handling a positive drug test.
Individual Company Drug Test Policies
Company policy varies regarding drug and alcohol testing for prospective and current employees.
While some companies may adopt a zero-tolerance policy where positive drug test results may mean losing your job or job offer, others have more relaxed policies, such as using a strike system.
Department of Transportation (DOT) companies, in particular, are required by federal law to remove a DOT employee, such as a truck driver, from their position after a failed test. The person is then required to see a substance abuse professional before they can return to work.
With the legalization of CBD, medical marijuana, and recreational marijuana use in some state laws, such as Massachusetts, workplace drug testing has become more complicated.
Based on federal law, an employer can also conduct random drug testing or testing based on reasonable suspicion of illegal drug use.
Communicating With Your Potential Employer
When undergoing a pre-employment screening, it is best to be honest with your potential employer about drug use, including legal prescription drug use, which may create a false positive.
Because cannabis and THC are now legal in several states for both medical and recreational use, it is also crucial, to be honest with your potential employer about your marijuana use.
Being open and honest about anything that may appear on your drug test can foster a sense of trust between you and your potential employer.
Legal Protections And Employee Rights
Through federal drug testing laws, employers are permitted to drug test employees when there is reasonable suspicion, after an accident, as a follow-up after treatment, or after providing an offer of employment.
However, employees have the right to privacy and confidentiality.
An individual can refuse to do a drug test; however, if they are an at-will employee, it is up to the company what action may be taken after that decision.
Massachusetts highly values employee privacy and has certain guidelines that protect the rights of current and prospective employees regarding drug testing.
Massachusetts considers random drug testing on a case-by-case basis. Massachusetts often limits random drug testing to safety-sensitive employees, and drug tests must be performed in an area that allows the employee appropriate privacy and confidentiality.
Rehabilitation And Treatment Options
There are a variety of treatment options and rehabilitation methods used to treat substance use disorders.
While no treatment method works for everyone, a treatment facility can help you find the right option.
Substance use treatment may include partial hospitalization, inpatient, residential, or outpatient treatment based on the severity of the addiction and other factors.
Rehabilitation may include various treatment strategies such as detoxification, medication, counseling, behavioral health therapies, and other treatment modalities.
Spring Hill Recovery Center offers residential treatment that includes medication-assisted treatment (MAT), evidence-based therapies such as dialectical behavioral therapy (DBT), motivational interviewing (MI), and group therapy.
Learn About Treatment Options At Spring Hill
If you or a loved one are seeking substance abuse treatment in Massachusetts, we can help. Contact Spring Hill Recovery Center to learn more about our rehabilitation programs.
- Centers for Disease Control and Prevention (CDC) https://www.cdc.gov/drugoverdose/featured-topics/recovery-SUD.html/
- City of Columbus https://www.columbus.gov/
- Clean Fleet https://www.cleanfleet.org/2019/03/employer-options-in-dealing-with-failed-drug-tests/
- Laborer’s Health and Safety Fund of North America https://www.lhsfna.org/is-it-time-to-reconsider-zero-tolerance-drug-testing/
- National Institute on Drug Abuse (NIDA) https://nida.nih.gov/research-topics/drug-testing/
- National Library Of Medicine: Bookshelf https://www.ncbi.nlm.nih.gov/books/NBK236253/
- Ohio Department of Transportation (DOT) https://www.transportation.ohio.gov/about-us/policies-and-procedures/policies/17-016-p/
- Ohio Department of Transportation (DOT) https://www.transportation.ohio.gov/wps/wcm/connect/gov/bbf11a7b-4dd6-45a4-ad2c-39baf60bbe8b/17-016%28P%29.pdf?MOD=AJPERES/
- SHRM https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/pre-employment-drug-testing-policy.aspx/
- The American Society of Health-System Pharmacists, Inc. https://tipqc.org/wp-content/uploads/2019/09/ajhp1344.pdf/
- The Commonwealth Of Massachusetts https://www.mass.gov/info-details/massachusetts-law-about-recreational-marijuana/
- The Commonwealth Of Massachusetts https://www.mass.gov/info-details/massachusetts-law-about-employee-privacy/
- The Commonwealth Of Massachusetts https://www.mass.gov/doc/doc-240-employee-drug-testing-and-screening/download/
- University of Chicago Legal Forum https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1040&context=uclf/