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Employee Tests Positive for Drugs – What’s Next?

substance abuse rehab
11 Jul

When an employee tests positive for drugs, it can be a challenging situation for any employer. It’s essential to handle the situation with care, fairness, and in compliance with legal and company policies. Here’s a comprehensive guide on what steps to take when an employee tests positive on a drug test.

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Understanding the Implications

A positive drug test can have serious implications for both the employee and the employer. For the employee, it may indicate substance abuse issues that could affect their health, safety, and job performance. For the employer, it raises concerns about workplace safety, productivity, and compliance with regulations. Looking for employee drug tests? Contact us today to get started!

Step 1: Confirm the Test Results

The first step is to confirm the accuracy of the positive drug test result. This can be done by:

  • Re-testing the Sample: Conduct a confirmatory test using a new sample or the original sample, if appropriate.
  • Medical Review Officer (MRO): Involve a Medical Review Officer to review the results and provide an expert opinion on whether the positive drug test result is due to legitimate prescription medication or illicit drug use.

Step 2: Review Company Policies

Refer to your company’s drug-free workplace policy to understand the procedures for handling a positive drug test. Ensure that your actions are consistent with the policy and that all employees are treated fairly and uniformly.

Step 3: Document the Findings

Document all steps taken following the positive drug test result. This includes the initial test, confirmation of results, and any communications with the employee. Proper documentation is crucial for maintaining transparency and protecting the company from potential legal issues.

Step 4: Meet with the Employee

Schedule a private meeting with the employee to discuss the drug test results. During this meeting:

  • Present the Findings: Clearly present the confirmed positive test results to the employee.
  • Allow for Explanation: Give the employee an opportunity to explain the results. There may be legitimate reasons for a positive test, such as prescribed medication.
  • Discuss Policy Violations: If the drug test is confirmed to be positive for illicit drug use, explain how this violates company policies and the potential consequences.
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Step 5: Determine the Appropriate Action

Based on the drug test results and the employee’s explanation, determine the appropriate course of action. This may include:

  • Suspension: Temporarily suspend the employee pending further investigation or until they complete a treatment program.
  • Termination: If company policy dictates, and depending on the severity and context of the violation, termination may be necessary.
  • Rehabilitation Program: Offer the employee an opportunity to enroll in a rehabilitation or Employee Assistance Program (EAP) as an alternative to termination.

Step 6: Provide Support and Resources

If the employee is given the opportunity to seek treatment, provide them with resources and support to facilitate their recovery. This can include:

  • Access to EAP: Provide information on the company’s Employee Assistance Program, which can offer counseling and support services.
  • Rehabilitation Programs: Assist the employee in finding a suitable rehabilitation program and support their journey towards recovery.

Step 7: Reintegration and Monitoring

If the employee completes a rehabilitation program and returns to work, ensure a smooth reintegration process by:

  • Monitoring Progress: Conduct regular follow-up drug tests to ensure the employee remains drug-free.
  • Providing Ongoing Support: Continue to offer support through EAP and other resources to help the employee maintain sobriety.

Legal Considerations

It’s essential to handle a positive drug test in compliance with applicable laws and regulations. Consult with legal counsel to ensure that your actions do not violate employee rights or lead to discrimination claims. This includes understanding the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), which may impact how you handle cases involving substance abuse.

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Handling a positive drug test result requires a careful and structured approach. By confirming the results, adhering to company policies, providing support, and ensuring legal compliance, employers can manage the situation effectively and compassionately. 

At Slash Medical, we are committed to providing reliable drug testing solutions to help you maintain a safe and productive workplace. Looking for employee drug tests? Contact us today to get started!