Author: John Carter

Failed Your Drug Screening Test? What to Ask Your Employer

Here are several situations that may result in a failed drug test. These hearings are crucial in determining if you will be subjected to further legal action. Having a knowledgeable Indiana probation violation attorney can help you navigate every part of the legal process. Some companies make passing a drug test a condition of employment. This condition prevents people who use drugs from gaining employment in these workforces. Local laws may differ, but there are many states where it’s legal to consume marijuana with high THC content.

The first violation of the probation terms usually results in a warning and some community service. However, after subsequent probation violations the officer may revoke it depending on your criminal record. For information about failed DOT drug test, check out our other article. The second test may not be necessary if the MRO concludes that you had a legitimate reason for a positive test and have the requisite evidence and supporting documents.

What Happens After A Failed Pre-Employment Drug Test?

If you also fail the GC-MS test, things get significantly trickier. An old study by Moyer et al., published in Mayo Clinic Proceedings in May 1987, suggested that an EMIT-dau screening test with a limit of 20 ng/mL was nearly 100% accurate. The cutoff limit is 50ng/mL in a standard company urinalysis, and a moderate user should not test positive about four days after their last use. In some instances, if you test positive for THC-COOH on your first test, a gas chromatography-mass spectrometry (GC-MS) test is used. It is a more sensitive and accurate test, and the cutoff point ranges from 5-15 ng/mL. Lainie Petersen is a full-time freelance writer living in Chicago.

Technically speaking, you could get into legal difficulties if you live in a state where marijuana is completely illegal. However, if a company pays for marijuana screening via urinalysis, individuals who fail the test will likely lose their job. Likewise, those who apply for a role and test positive will not be employed by that company.

Substances That Can Trigger False Positive Drug Tests

Rest assured, a Medical Review Officer (MRO) confirms the results of every drug test ordered by GoodHire, so you can be confident your drug test results are accurate. What happens if you fail a drug test after the confirmatory test? The law applies to employees who have worked for the employer for at least a year with 1,250 hours during the last 12 months. The kind of test you take depends on what drugs are being tested and what types of specimens are collected. You can also fail a drug test if you’ve been using marijuana for medicinal purposes. If you are excluded or discriminated against for using medical marijuana, you have the right to sue your employer.

1. Use a self-service guide to see which checks are right for your organization.
2. Throughout much of this process, service members may not be assigned a free military defense counsel until it’s too late.
3. You should know beforehand what substances may flag positive drug test results.
4. The collection process is detailed, and the testing procedure is scientific.

If you innocently ingested a substance (which can happen in a variety of ways especially in this day and age), then you are not guilty. Sure, your test was positive, but did you intentionally use that drug? You need to force the government to prove that you did and not just accept it based on a positive result. Sara’s experience stems from 20+ years working as a B2C and B2B PR and communications professional. When you receive the results of a drug test, you will only see a positive or negative indication. A positive result does not provide context around how the drug got into the person’s system, how much the person took, when they took it, or whether they have an addiction.

What Will Happen if I Fail a Drug Test at Work?

Please refer to our dedicated guide for more on what employers need to know about drug testing. The issue of medical marijuana is also of concern to many job seekers. Several states have legalized or decriminalized marijuana for medical or recreational use. However, possession of cannabis is still illegal under federal law, and your employer may be allowed to test for marijuana use. In addition, employers can also refuse to hire you, or terminate your employment, if you use cannabis products, even for medical reasons.

However, in some states where cannabis use is recreationally legal, companies still fire employees who test positive for the substance. Due to various factors, these tests are not always accurate, even though they apply advanced science. Some medications and even foods can resemble drugs to these tools. These mistakes cause positive results even if the subject has not used any illegal drugs.

For example, do you regularly eat poppy seeds or take B2 supplements? If so, you should alert the testing agent before you submit a sample. Some painkillers and NSAIDs (Nonsteroidal Anti-inflammatory Drugs) can cause false positive test results.

However, you should not just accept a failed drug test because false positives can occur. At present, around 20 states prohibit employers from discriminating against MMJ cardholders. These laws also prevent companies from firing employees who test positive for marijuana, as long as they use the substance off-duty. In certain states, employers have to reasonably accommodate people who use MMJ for a medical condition.

The drug testing process may identify this ingredient as an opiate or PCP. Convictions for drug-related charges may show up on a criminal background check, but the results of employment drug screenings generally will not appear on a criminal background check. If they’ve been using a substance known to produce a false positive, the MRO may order an additional test called a “confirmatory test” before providing a conclusive result. If you can provide prescription for certain drugs, there’s a chance you’ll still be hired. Also, there’s a chance of something you took before causing a false positive drug test. The consequences are more severe if you apply for a safety-sensitive position, such as a role at the United States Department of Transportation (DOT).

What Happens if You Are Arrested For a Failed Drug Test?

If substance use is interfering with your ability to hold down a job, you may decide that it is time to seek treatment. An employer is unable to access your drug testing results without your consent. However, you must offer approval to perform safety-sensitive job responsibilities.

Unfortunately, the ‘I was in a room with people who were smoking weed and accidentally inhaled it’ defense won’t wash because science doesn’t back it up. A study published in the JAMA Network in 1983 looked at passive inhalation as a potential reason for a false-positive result for THC. The researchers believed that one of the drug’s two main urinary metabolites, EFV8-glucuronide, was the reason for the results. However, it is important to note that in the study, the authors did not mention any other medication use such as Marinol, which causes a false positive for THC up to 45% of the time. If you did take a medication in the days leading up to the drug test, ask your doctor or pharmacist if that could cause a false positive.