Life After a Failed Drug Test

Life After a Failed Drug Test: A Guide for Employers and Owner Operators

Employee drug testing is a standard practice for many businesses, crucial for maintaining a safe and productive workplace. However, a positive drug test result can create a complex situation for both the employer and the employee. Understanding the correct procedures, the differences between types of tests, and the subsequent steps is essential for compliance and fair practice.

This guide provides a comprehensive overview for employers on navigating the aftermath of a failed drug test. We will cover the distinctions between DOT and non DOT testing, the consequences of a positive result, and the required protocols like the Return-to-Duty process. By understanding these critical elements, you can ensure your company handles these situations professionally, legally, and effectively.

Employee Drug Testing Explained

Employee drug testing is the process of screening current or prospective employees for the presence of illegal or prescription drugs. The primary goals are to deter drug use, maintain workplace safety, and comply with federal or state regulations. A well-structured drug testing program can reduce accidents, decrease absenteeism, and boost overall productivity.

For many industries, particularly those involving transportation, healthcare, and federal contracts, drug testing isn’t just a best practice—it’s a legal requirement. These programs must adhere to strict guidelines to protect both the employer’s interests and the employee’s rights.

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John L gave us a 5 star google rating and said, From the beginning, Brenda has been a wealth of knowledge and has been very patient explaining aspects of the DOT random drug testing program. I called multiple times to clarify our responsibility and what WSI could do to help and Brenda has been cheerful and eager to help us get started. Phil the CEO of the company also provided guidance and was knowledgeable and was very pleasant throughout. I’m glad to have found WSI, this is truly a customer first company.

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Need a Customer First Company to manage your employee screening program or to order a drug screen or other employee screening service today?  Contact our knowledgeable support staff at 844-573-8378 or press on link to order now: https://workplacescreening.com/order-here/

Need to order a drug test or other employee screening service today?  Contact our knowledgeable support staff at 844-573-8378 or press on link to order now: https://workplacescreening.com/order-here/

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The DOT Drug Test

The Department of Transportation (DOT) mandates drug and alcohol testing for “safety-sensitive” employees across its various agencies, including the Federal Motor Carrier Safety Administration (FMCSA), Federal Aviation Administration (FAA), and others. A DOT drug test is a highly regulated process designed to ensure the safety of the traveling public.

These tests screen for a specific panel of substances:

• Marijuana (THC)
• Cocaine
• Amphetamines (including methamphetamine and MDMA)
• Opioids (including codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone, and oxymorphone)
• Phencyclidine (PCP)

The entire process, from sample collection to laboratory analysis and results reporting, must follow the strict procedures outlined in federal regulation 49 CFR Part 40.

For more info on DOT Testing: Dot Drug Alcohol

The Non DOT Drug Test

A non DOT drug test is any drug screening conducted by an employer that is not subject to federal DOT regulations. While non-DOT testing offers more flexibility, it is still governed by state and local laws. Employers can customize their non-DOT testing programs to meet specific workplace needs.

Key differences include:

• Customizable Drug Panels: Employers can choose which substances to test for, potentially including drugs not on the DOT panel, like benzodiazepines or barbiturates.
• Flexible Procedures: While best practices are recommended, the collection and testing procedures are not federally mandated, though state laws may apply.
• Varied Consequences: The actions taken after a failed non-DOT drug test are determined by company policy rather than federal regulations.

It’s crucial for employers to create a clear, written policy for their non-DOT testing program to ensure consistency and avoid legal challenges.

For more info on NON DOT Testing: For Non Dot

Understanding a Failed Drug Test

A failed drug test, or a positive result, indicates that the laboratory has detected one or more of the tested substances at or above the designated cutoff levels. The process doesn’t end with the lab’s finding. Before a result is officially reported as positive to the employer, it must be reviewed by a Medical Review Officer (MRO).

The MRO, a licensed physician, verifies the result by contacting the employee to determine if there is a legitimate medical explanation for the positive finding, such as a valid prescription. If no legitimate reason exists, the MRO confirms the result as positive, and it is then reported to the employer.

Consequences of a Failed DOT Drug Test

For safety-sensitive employees, the consequences of a failed DOT drug test are severe and federally mandated. Upon receiving a verified positive result, the employer must immediately remove the employee from all safety-sensitive duties. This is not optional; it is a federal requirement to protect public safety.

Other consequences include:

• The positive test result is reported to the FMCSA Drug and Alcohol Clearinghouse, a secure online database. This record follows the driver to any future DOT-regulated employer.
• The employee cannot return to any safety-sensitive position for any DOT-regulated employer until they have successfully completed the Return-to-Duty process.
• Depending on company policy, the employee may face termination. However, federal law does not require termination; it only mandates removal from safety-sensitive functions.

The Return-to-Duty Process

The Return-to-Duty (RTD) process is a structured program that allows an employee who has violated a DOT drug and alcohol rule to become eligible to perform safety-sensitive duties again. This process must be managed by a qualified Substance Abuse Professional (SAP).

The RTD process consists of several key steps:

1. Initial SAP Evaluation: The employee must undergo a face-to-face evaluation with a SAP. The SAP assesses the employee’s situation and recommends a specific course of education, treatment, or both.
2. Completion of Education/Treatment: The employee must comply with the SAP’s recommendations. The duration and intensity of the program will vary based on the SAP’s professional judgment.
3. Follow-Up SAP Evaluation: Once the employee completes the required program, they meet with the same SAP for a follow-up evaluation. If the SAP determines the employee has successfully complied, they will provide a report to the employer.
4. Return-to-Duty Test: The employer must then administer an observed return-to-duty drug test. The result must be negative for the employee to be eligible to return to safety-sensitive duties.
5. Follow-Up Testing Plan: The SAP provides the employer with a follow-up testing plan, which includes a series of unannounced, observed drug tests over at least 12 months (and up to 60 months). This is in addition to the standard random testing pool.

Completion of the RTD process does not guarantee re-employment with the original employer; that decision remains a matter of company policy.

For more info on DOT Return to Duty Process: Return To Duty Process

Need to order a return to duty drug test: Contact our knowledgeable support staff at 844-573-8378 or press on link to order now: https://workplacescreening.com/order-here/

Consequences of a Failed Non DOT Drug Test

For a failed non-DOT drug test, the consequences are dictated entirely by the employer’s internal policies. There is no federally mandated Return-to-Duty process.

Common actions employers take include:

• Termination: Many companies have a zero-tolerance policy that results in immediate termination.
• Suspension: Some employers may suspend the employee pending an investigation or completion of a rehabilitation program.
• Second-Chance Agreement: An employer might offer a “last chance” agreement, where the employee agrees to undergo counseling or treatment and submit to follow-up testing as a condition of continued employment.

To ensure fairness and mitigate legal risk, it is vital that these policies are clearly documented in the employee handbook and applied consistently to all employees.

Need help with Drug and Alcohol testing Policy: Contact our knowledgeable support staff at 844-573-8378 or press on link to order now: https://workplacescreening.com/order-here/

The Role of the Medical Review Officer (MRO)

The Medical Review Officer (MRO) is a critical gatekeeper in the drug testing process. An MRO is a licensed physician with specialized training and certification in drug testing procedures and pharmacology. Their primary function is to review and verify laboratory results.

When a lab reports a non-negative result, the MRO’s responsibilities include:

• Reviewing the chain of custody to ensure proper procedures were followed.
• Contacting the employee to conduct an interview and determine if a legitimate medical explanation exists for the result.
• Making a final determination of the test result (positive, negative, or cancelled).
• Reporting the verified result to the employer.

The MRO ensures the integrity and fairness of the drug testing process, protecting both the employee from false positives and the employer from taking action based on unverified results.

Finding Compliant Drug Testing and Physicals

For employers needing to manage their screening programs, finding a reliable provider for drug tests and physicals is key. Whether you need a DOT-compliant 5-panel test or a customized non-DOT screen, You have come to the right place.  Workplace Screening Intelligence offers over 20,000 electronic sites near your workplace or home.  That means you can order a test today, complete it today or by your deadline.

Many of our facilities also offer required physical examinations:

• DOT Physicals: Conducted by a certified Medical Examiner listed on the FMCSA National Registry, these physicals ensure commercial drivers are medically fit to operate a vehicle safely.
• Non DOT Physicals: These can be tailored to specific job requirements to ensure an employee can safely perform essential job functions.

Using a single, trusted provider for both drug testing and physicals can streamline your hiring and compliance processes.

For more info on DOT Physicals: Occupational Services

For NON DOT Physical Menu:

• Respirator Physicals: For workers who handle hazardous substances.
• Pulmonary Function Test
• OSHA Medical Questionnaire
• Lift Test
• Chest X-Rays
• Kraus Weber
• EKG
• Vision Test
  • Vision Snellen
  • Vision Titmus
  • Vision Ishihara
  • Vision Jager

Reporting to the FMCSA Clearinghouse

The FMCSA Drug and Alcohol Clearinghouse is a mandatory tool for all DOT-regulated employers of commercial drivers. Employers are required to report any drug and alcohol program violations, including positive test results, refusals to test, and the completion of the Return-to-Duty process.

Employers must also query the Clearinghouse for all new hires and at least annually for all current drivers to ensure they do not have any unresolved violations. Failure to comply with Clearinghouse reporting and querying requirements can lead to significant fines and penalties.

Helpful FMCSA Clearinghouse Info:

Simplify your compliance process with expert help from Workplace Screening Intelligence!

What is the  Name of FMCSA Clearinghouse?

There are several names that FMCSA and the industry have for the Clearinghouse:

FMCSA Clearinghouse

FMCSA Drug and Alcohol Clearinghouse

Clearinghouse FMCSA

Drug and Alcohol Clearinghouse

DOT Clearinghouse

Clearinghouse

Owner Operator FMCSA Clearinghouse

FMCSA Log in For Employers and Drivers – Link Below for Registration and Log in:

Essential Employer Training Programs

A compliant and effective drug and alcohol program requires more than just testing. It requires that key personnel are properly trained to manage their responsibilities.

Supervisor Reasonable Suspicion Training

DOT regulations require that all supervisors of commercial drivers receive at least 60 minutes of training on alcohol misuse and 60 minutes on drug use. This training equips them to recognize the signs and symptoms of impairment and to make the crucial decision to require a reasonable suspicion test. Proper training protects the company from liability and ensures supervisors act confidently and correctly.

For more info on Supervisor Training: Drug And Alcohol Awareness Training

DER Training

The Designated Employer Representative (DER) is the employee responsible for managing the company’s drug and alcohol testing program. While not federally mandated, DER training is a best practice. This training covers the full scope of DOT regulations, helping the DER manage the program compliantly and efficiently, from random selections to handling violations.

For more info on DER Training: Designated Employer Representative Training

DOT Collector Training

Specimen collectors are on the front lines of the drug testing process. DOT regulations mandate that collectors must be trained and qualified according to 49 CFR Part 40. This training covers every step of the collection process, ensuring specimen integrity and preventing procedural errors that could lead to a cancelled test.

For more info on DOT Collector Training: Dot Oral Fluid Collector Training

Answering Your Questions

What happens if an employee refuses a drug test?

Under both DOT and most non-DOT policies, a refusal to test is treated the same as a positive result. For DOT purposes, this includes actions like failing to appear for a test, tampering with a specimen, or not cooperating with the collection process.

Can an employee challenge a positive drug test result?

Yes. A DOT-tested employee has 72 hours after being notified of a positive result by the MRO to request a test of their split specimen. The split sample is sent to a different certified laboratory for analysis. If the second lab’s result is negative, the entire test is cancelled. For non-DOT tests, the right to challenge a result depends on state law and company policy.

How does the legalization of marijuana affect workplace drug testing?

This is a complex and evolving area. For DOT-regulated employees, the answer is clear: marijuana remains a Schedule I substance under federal law, and any use is prohibited. For non-DOT employers, state laws vary. Some states protect employees’ off-duty marijuana use, while others do not. Employers must navigate their state’s specific laws when creating their drug testing policies.

What happens if Marijuana is rescheduled to Schedule III?

Testing for Marijuana in the DOT panel could cease to exist.  It could be restored with a Presidential order or bill passed by Congress allowing a Safety Carve Out for DOT Testing.

Let Experience Be Your Peace of Mind

Navigating the world of employee drug testing can be daunting. With over 30 years of experience in the industry, we provide the expertise and comprehensive services employers need to manage a compliant, effective, and fair drug and alcohol screening program. From policy development and training to testing and MRO services, we offer scalable solutions to ensure your peace of mind. Partner with us to streamline your processes and protect your workplace.

What Our Customers Say about WSI

Marquita gave us a 5 Star Google Review and said, I called in with a question about my account, and the representative Mrs. Brenda Lawrence on the phone was fantastic. She listened to my concerns, quickly identified the problem, and worked efficiently to resolve it. She was so friendly and clear in her explanation. She walked me through the process step-by-step, and I felt much more confident about the steps I needed to take regarding my concern. It was a “Great experience!” I really appreciated her proactive approach and positive attitude.”
Thanks Again Mrs. Brenda You Work!

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Need to order a drug test, alcohol test or other employee screening service? Contact our knowledgeable support staff at 844-573-8378 or press on link to order now: https://workplacescreening.com/order-here/