Can a drug test come back inconclusive?
Drug test results can be inconclusive if the sample is diluted. An inconclusive or diluted drug test result could be a sign that the sample was tampered with, raising suspicion of whether the employee is attempting to avoid detection of drugs by “cleaning out their system.”
Can a person be fired for a positive drug test?
On the state level, no state has a law that dictates that an employee must be terminated following a positive test result, or even that an employer cannot terminate an employee under any circumstances.
What happens if you have a positive drug test?
If the employer does choose to offer an employee the opportunity to return to a safety-sensitive position following a positive test, before the employee can return to duty the employer must: Ensure that the employee received an SAP evaluation, and; Ensure that the employee successfully complied with the SAP’s evaluation recommendations.
Can a drug test results be kept confidential?
Drug test results, like all medical information about urgent care center employees, should be kept confidential.
Can a drug test results be disclosed to another employer?
This should be crafted to allow for maximum flexibility for the employer. In summary, test results and other PHI from a drug test should not be disclosed to another employer or to a third-party individual, government agency, or private organization without the prior written authorization of the person tested.
Can a company terminate an employee for a positive drug test?
Additionally, advanced level employers are only allowed to terminate an employee for a first-time positive and remain compliant with the advanced voluntary program if they can present a compelling reason for the termination (e.g. the employee is in a safety-sensitive or special needs position).
If the employer does choose to offer an employee the opportunity to return to a safety-sensitive position following a positive test, before the employee can return to duty the employer must: Ensure that the employee received an SAP evaluation, and; Ensure that the employee successfully complied with the SAP’s evaluation recommendations.
Can a person be fired for a positive drug test in Ohio?
Under the Ohio voluntary program, basic employers are not allowed to terminate an employee following a positive test result. Minnesota’s mandatory law also provides special guidance for employers who wish to take disciplinary action and/or terminate based on a positive test result in the state.
What should I do if my drug test yields a false positive?
Answer: It’s also possible there was simply a mistake on the first test. A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. If this happened in your case, ask for a retest of your sample.