When a drug test is inconclusive

 

Employers may require pre-employment drug testing and deny a prospective employee who fails a drug test. Drug screens usually occur after a valid job offer, and not to screen applications. If the prospective employee denies taking the test, the job offer will not be valid. The employer must provide all requirements for the job before the applications begin. But what happens when a drug test is inconclusive? And what should employers do when employees come to work intoxicated? This article will provide more information when it comes to such tricky situations.

 

 

 

Inconclusive drug test

When a drug test is inconclusive, it means the sample is inconclusive. An inconclusive drug test result could show that the sample is incorrect. This raises questions on whether the employee wants to avoid drug detection by “flushing their system.”

 

There are excuses for diluted samples such as high-water intake. However, employers should state that an inconclusive result will require another test. Employees must avoid high liquid intake before the next test. Furthermore, they should know that a subsequent inconclusive result will preclude employment.

 

Inconclusive drug test results that happen when an employee is already working 

Pre-employment drug testing happens before employment. It allows the employee to begin working without the final drug test results. If the employee receives inconclusive results, he/she losses the job. Employees prevent this by writing that the hire is conditional upon satisfactory completion of a drug screen. This will allow the application to be immediately invalid should the results be unsatisfactory.

 

What if the employee appears intoxicated at work due to an alcohol problem?

If management suspects the employee of consuming illegal substances, there are several ways to handle this. The employer should privately talk with the employee about the suspected drug/alcohol use. This conversation should happen with at least two management or HR employees. When discussing, the employer should any questions that could elicit medical information. Instead, the employer should focus on the potential policy violation and the employee’s ability to work safely.

 

In this situation, it is crucial to have a strong drug and alcohol use policy. If acknowledges to consuming illegal substances, then there are several measures. The statement must go into the books. Afterward, the employee should be sent home for the day and await further action. At this point, the employee can receive immediate termination, suspension, or a Last Chance Agreement. Keep in mind that an employee’s past conduct can determine the outcome. This helps to reduce claims of discrimination. The employee must know that repeating such an action will lead to immediate termination.

 

What employers do in such situations

The employer may use different strategies if the employee has a substance abuse problem. At this point, the employer can present the employee with a “Last Chance Agreement,”. In this document, the employer had cause to terminate but is providing the employee with a last chance. This last chance is conditional on successful completion of specific requirements. They can range from a drug/alcohol abuse program to a periodic drug/alcohol screening.

 

Regardless, if the employee’s position requires him to drive as part of their job, then it may be a problem. In that situation, the employer may modify the job duties to exclude safety-sensitive duties. In most cases, the employee is put in another position without safety-sensitive duties.