A failed drug test can immediately halt a job offer, disrupt a career, or lead to termination, creating a stressful and high-stakes situation. The aftermath is often confusing, with many wondering if they can simply take the test again or challenge the results. Policies and procedures governing a drug test failure are not uniform, varying significantly based on the specific employer, the industry, and the state or federal regulations that apply. Understanding the exact steps that define a failure and the formal avenues for recourse is necessary.
Defining a Failed Drug Test
The determination of a failed drug test is a multi-step process that moves past the initial screening result. A specimen is first subjected to an initial screening test, typically an immunoassay, which quickly detects drug metabolites above a certain cutoff level. This initial result is only a presumptive positive, indicating the possible presence of a prohibited substance, and requires further action.
If the initial screen is presumptive positive, the same sample is sent for a confirmation test, usually using precise technologies like Gas Chromatography/Mass Spectrometry (GC/MS). The confirmation test is quantitative, definitively identifying the specific drug and measuring its concentration, providing legally defensible results. A positive confirmation test is then reported to a Medical Review Officer (MRO), a licensed physician. The MRO contacts the donor to determine if there is a Legitimate Medical Explanation (LME), such as a valid prescription, before the test is officially reported as a confirmed failure to the employer.
Immediate Retesting and Second Chances
Standard employment policies rarely allow for an immediate, voluntary retake of a drug test simply because the donor failed the first time. Permitting an unscheduled “do-over” would undermine the purpose of the initial test and introduce significant liability concerns. The employer’s policy treats a confirmed positive result as a final violation of the drug-free workplace policy.
The opportunity for a retest is limited to specific scenarios initiated by the MRO or the testing facility, not the donor. For example, a retest may be ordered if the MRO finds evidence of a procedural error that could have compromised the sample. If the MRO determines the original sample was invalid due to factors like temperature or adulteration, a recollection under direct observation would likely be required. This is a re-collection of a new sample, not a retake of the failed one.
Challenging the Test Results
Challenging a drug test result is a formal, procedural right distinct from asking for an immediate retake. The primary mechanism for dispute involves the donor requesting a test of the “split specimen,” often referred to as the B sample. When the original sample was collected, it was divided into two separate containers, Bottle A and Bottle B, with Bottle A being the one tested initially.
The donor must make this request to the MRO within a strict, limited timeframe, typically 72 hours, after being notified of the confirmed positive result. The MRO directs the stored Bottle B specimen to be shipped to a different certified laboratory for an independent analysis. If the B sample fails to confirm the presence of the drug or drug metabolite, the original positive result must be canceled, and the specimen is declared negative. The donor may also present evidence of chain of custody issues or other procedural flaws to the MRO during the interview process, which could lead to the cancellation of the test.
Employment Consequences and Regulatory Factors
The consequences of a confirmed drug test failure depend heavily on the regulatory environment the employee operates within. In the private sector, for non-regulated positions, the outcome is determined entirely by the employer’s internal drug-free workplace policy. This can range from immediate termination to a final written warning, or the rescission of a job offer for applicants.
The eligibility for unemployment benefits after termination due to a failed drug test depends on state law. Many states consider a failed drug test a form of misconduct, which can disqualify an individual from receiving unemployment compensation. The employer must often provide substantial documentary evidence to the state labor department to prove the accuracy and validity of the test result.
Consequences are mandatory for employees in safety-sensitive positions regulated by the Department of Transportation (DOT). A confirmed failure requires immediate removal from all safety-sensitive duties, and the violation is reported to the FMCSA Drug and Alcohol Clearinghouse. The employee must then be evaluated by a qualified Substance Abuse Professional (SAP) who recommends a course of education and/or treatment. The employee cannot return to safety-sensitive work until the SAP process is successfully completed and the individual passes a Return-to-Duty test.
Return-to-Duty Testing and Future Job Prospects
An individual seeking to return to a safety-sensitive role after a drug violation must first comply with the SAP’s recommended treatment plan. The final step in this process is passing a directly observed Return-to-Duty (RTD) drug test. This test is a prerequisite for resuming safety-sensitive functions for any DOT-regulated employer.
Failing the RTD test means the entire SAP process must be restarted, including a new evaluation and potentially more intensive treatment, which significantly prolongs the time until the individual can work again. For DOT-regulated positions, the record of the violation remains in the Clearinghouse for five years or until the return-to-duty process is successfully completed, whichever is later. For non-regulated jobs, a failed test generally remains on the record of the employer who conducted the test, but it can still impact future job prospects if the new employer requires a release of past employment or testing records.