Legal Guide

What To Do If You Fail a Workplace Drugs Test

Drug testing is a standard form of screening that helps employers to attract and retain the best possible talent pools. A person can be tested for drugs and alcohol as a part of the on-boarding process for a new job, or face continuous drug testing as a condition of employment. In the event that you are alerted to a positive workplace drug screening result, you should immediately challenge the results. Employers may give significant weight to the drug testing results of a respected and accredited lab, but that doesn't mean you have to accept them blindly.

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Request to be Re-Tested

Whenever you are tested for drugs, whether it be blood, urine, saliva, or hair follicle, the lab in charge of testing your sample always collects more than what is needed for a singular test. At a minimum, you can ask to have that sample re-tested, just to confirm the positive results. Another option is for you to offer to be tested again. If your employer agrees, it is likely that you will have to pay all drug testing and lab related costs. Be ready to go and get drug tested again as soon as possible, as the objective is to prove your innocence and not arouse other suspicions.

Examine Your List of Medications

One reason that someone could fail a job-related drug screening is because of the prescription drugs or supplements they are taking. First, consult with your doctor about your list of medications and previous blood and urine testing results. Some prescriptions are known to show up as false positives on drug tests, just as various vitamins, supplements, and other natural food products can also be mistaken for illegal drugs.

Look for Evidence of Mishandling in the Chain-of-Command

Normally, drug test samples are collected off-site and then transported to a lab for testing. You might work at a job where HR professionals collect drug test samples, or be sent to a medical facility for drug test screening. If at any point in the chain-of-command there is a problem, your sample could become tainted. Josh Johnson, Attorney at Law is an experienced lawyer who has handled countless cases like this. Talk to his offices to schedule a consultation if you have been notified by your employer of a failed drug test result.

Believe it or not, the labs that test for employee drug screenings can and do make mistakes. Samples can be lost, mislabeled, or even contaminated, which could give you valid grounds to raise your concerns. Be honest and candid with your employer if you might have been in direct-contact with any drugs in the recent past that could explain your positive drug results. You may have attended a party and immediately left when you noticed the presence of marijuana smoke, which could account for the presence of THC in a hair follicle test. Even eating poppy seed bagels can result in a falsely positive drug test result screening. Thinking about where you have gone, who you have interacted with, and you will probably come up with the real reason behind your workplace drug test failure. 

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