A positive result on an employment drug screen can immediately threaten a person’s livelihood and career. Understanding this situation requires knowing the procedures that confirm a test failure, the consequences based on the testing scenario, and the rights available to challenge or mitigate the result. This overview details the process from the initial positive screen through to long-term professional consequences and recovery steps.
How a Failed Drug Test is Confirmed
The process of confirming a positive drug test result involves several procedural steps to ensure accuracy. Initial drug screening, often an inexpensive immunoassay test, is preliminary. If the initial screen is positive, the laboratory conducts a second, more precise confirmatory test, typically Gas Chromatography/Mass Spectrometry (GC/MS) or Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS). This test isolates and identifies the specific substance and its concentration in the primary sample.
Once the confirmatory test is positive, the result goes to a Medical Review Officer (MRO), a licensed physician specializing in drug testing procedures. The MRO contacts the individual confidentially to determine if a legitimate medical explanation exists for the positive result. This is the opportunity to provide evidence of a valid prescription, which the MRO must verify with the prescribing physician.
If the MRO verifies the prescription and proper usage, the test is reported to the employer as negative. If no legitimate medical explanation is found, the MRO verifies the test as positive and reports the confirmed failure to the employer or the Designated Employer Representative (DER).
Employment Consequences Based on Testing Context
The consequences of a failed drug test depend heavily on the context in which the test was administered. The employer’s response will range from a rescinded offer to immediate termination, depending on whether the individual is an applicant, a current employee, or is subject to federal safety regulations.
Pre-Employment Screening
For job applicants, a failed drug test typically results in the immediate withdrawal of the conditional job offer. Because no employment relationship has been established, the applicant usually has limited recourse beyond appealing the test result itself. The employer is generally within their rights to rescind the offer, as the test failure violates the condition of employment.
Current Employee Random or For-Cause Testing
When a current employee fails a drug test, the consequences are dictated by the company’s specific drug-free workplace policy and applicable state laws. Most companies with a zero-tolerance policy will proceed directly to disciplinary action, which can include suspension or immediate termination. However, some state laws, particularly those addressing the use of legalized marijuana, may restrict an employer’s ability to terminate a non-safety-sensitive employee for a first-time positive test if the use occurred outside of work hours.
Federally Mandated Testing (DOT)
Employees in safety-sensitive positions regulated by the Department of Transportation (DOT), such as commercial drivers, pilots, or pipeline workers, face immediate and severe consequences. A failed DOT drug test or a refusal to test results in the individual being immediately removed from all safety-sensitive duties. To return to work in any DOT-regulated position, the individual must complete a mandatory, structured return-to-duty process, which involves evaluation by a Substance Abuse Professional (SAP).
Legal and Professional Licensing Repercussions
Consequences for a failed drug test can extend beyond employment, affecting professional standing or legal obligations. Individuals holding professional licenses, such as nurses, doctors, teachers, or commercial drivers, are often subject to disciplinary action by their state licensing boards. Boards may initiate an investigation, which could lead to the suspension, restriction, or revocation of the license, even if the individual retains their employment.
For licensed healthcare professionals, a failed test often suggests potential impairment, triggering an investigation even if the drug detected was a prescribed medication used incorrectly. The employer is often a mandatory reporter to the state board, which may compel the professional into long-term monitoring or recovery programs. Separately, individuals on probation or parole who undergo court-mandated testing face a violation of their release terms, potentially resulting in sanctions or a return to incarceration.
Strategies for Challenging or Mitigating the Result
Upon receiving notification from the MRO, the individual has specific procedural rights to challenge the test’s accuracy. First, review all MRO communication to ensure documentation, especially valid prescriptions, was properly considered, as this can change the result to negative. If the MRO’s finding is disputed, the individual can request a test of the split specimen—the second half of the original sample collected.
The request to test the split sample (Bottle B) must typically be made within 72 hours of notification and sent to a different certified laboratory for independent confirmation. If the second lab fails to reconfirm the drug’s presence or the original finding, the test is declared negative. Individuals should also utilize any formal appeal or grievance procedure outlined in the employer’s policy or collective bargaining agreement, which may offer a path to retesting or alternative disciplinary measures.
The Role of Substance Abuse Treatment Programs
Participation in a substance abuse treatment program can serve as a mitigation strategy for a failed test. Many employers offer Employee Assistance Programs (EAPs) that provide confidential counseling and referral services, sometimes as an alternative to immediate termination. Enrolling in treatment demonstrates a commitment to addressing the issue and can be viewed favorably by an employer or a licensing board.
In federally regulated industries, the Substance Abuse Professional (SAP) process is mandatory for returning to safety-sensitive duties. The SAP evaluates the individual, recommends a tailored education or treatment plan, and monitors progress through to the return-to-duty drug test. This structured process is the only authorized path back to work for DOT-regulated employees who have violated testing rules.
Impact on Future Employment
A failed drug test can create long-term implications that affect future job searches, especially within regulated sectors. For most non-DOT jobs, a failed drug test only affects a person’s record if the former employer chooses to disclose the reason for termination, though many companies limit references to only confirming dates of employment. The failed test result itself does not typically appear on a standard criminal background check unless it was tied to a criminal charge.
The most significant impact occurs in DOT-regulated positions, where the violation is reported to the FMCSA Drug and Alcohol Clearinghouse. This federal database contains records of all DOT drug and alcohol testing violations, and future employers are required to query it before hiring a driver for a safety-sensitive role. The record of the failed test remains in the Clearinghouse for five years or until the individual successfully completes the entire SAP return-to-duty process, whichever is longer.