What if an employee tests positive for drugs?
An employee whose drug test comes back positive has the right to contest the result. They can request the same sample be retested at another licensed and approved laboratory at their expense. However, it is not advisable to let the employee retest, as time has passed and they might attempt to cheat the test.
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).
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 to do if you lose a job because of a drug test?
If you have had problems obtaining a job or if you lost a job because drug test results revealed your use of prescription medications, contact our office so we can talk about your situation, about your employer’s legal obligations, and about how the law may apply to your situation.
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.
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).
Can a job offer be rescinded after a drug test?
If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.
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 happens when an injured worker has a positive drug screen?
The Employer is entitled to know if the influence of alcohol or drugs contributed to the accident in any way. If the results are positive, the Employer/Insurer can use the positive drug screen as a basis for denying any claim for workers’ compensation made by the injured worker.