Receiving notification of a failed workplace drug test is stressful and can threaten your professional standing. This situation demands a calm, measured, and professional response to mitigate potential consequences. Reacting impulsively or emotionally can damage your standing with your employer and limit your options. Understanding the structured process that follows a positive result is paramount to navigating this complex issue. This guidance offers a framework for communication and action, but it is not a substitute for legal counsel specific to your state or industry.
Your Immediate Response and First Actions
Upon receiving notification, maintain your composure and avoid any immediate, unprompted confession or resignation. Impulsive actions like quitting can be interpreted as an admission of guilt and may forfeit certain rights or benefits. You must immediately review the notification paperwork, including the chain-of-custody form, to confirm the substance detected and the specific type of test administered.
Determine whether the test was federally mandated, such as for Department of Transportation (DOT) safety-sensitive positions, or based solely on company policy. This distinction is important because a DOT-regulated positive result triggers a standardized federal process that applies across all future safety-sensitive employment. Conversely, a non-DOT failure is governed by the specific employee handbook and relevant state laws, which may offer more flexibility regarding disciplinary action.
Understanding the Medical Review Officer Process
The Medical Review Officer (MRO) is a licensed physician who acts as an independent, impartial gatekeeper in the drug testing process. The MRO’s primary function is to review laboratory confirmed positive results and determine if a legitimate medical explanation exists. This confidential interview with the MRO is the most important opportunity to present information that could clear the positive finding.
If the laboratory identifies a non-negative result, the MRO will attempt to contact you, often multiple times within 24 hours. If the MRO cannot reach you, they will contact your employer, who must advise you to contact the MRO within 72 hours. Failing to respond to the MRO’s attempts is treated as a refusal to test. A refusal is functionally equivalent to a positive test result and violates most drug testing policies.
The MRO process concludes with one of two verified results sent to the employer. If you provide a valid medical explanation, the MRO reports the test as “negative,” protecting your medical privacy. If no legitimate medical explanation is found, the MRO verifies the test as “positive” and reports this violation to the employer. The MRO only informs the employer of the final verified result, not the specific medication you are taking.
Developing Your Communication Strategy
When You Have a Legitimate Medical Explanation
Your communication strategy in this scenario must focus on the Medical Review Officer, not your employer’s Human Resources department. During the confidential interview, calmly and professionally state that the detected substance is due to a legally prescribed medication. You must be prepared to provide specific documentation, including the name of the prescribing physician, pharmacy contact information, the medication name, and the prescribed dosage.
The MRO will contact your physician or pharmacist to verify the prescription details and confirm that the dosage is consistent with the levels detected. If the MRO confirms the medical legitimacy of the substance, they are legally required to report the test as negative to your employer. This process protects your private health information under federal regulations.
When You Do Not Have a Legitimate Medical Explanation
When no medical explanation exists, your communication must pivot immediately from defensiveness to accountability and future compliance. The conversation with your employer or HR representative should be professional, brief, and characterized by humility. Acknowledge the verified positive result without challenging the MRO’s finding or offering unproductive excuses.
The focus of your dialogue must shift to the company’s policies regarding return-to-duty and rehabilitation. Proactively inquire about the availability of an Employee Assistance Program (EAP) or a Substance Abuse Professional (SAP) referral. Expressing a sincere commitment to adhering to any mandated counseling or rehabilitation program demonstrates responsibility and intent to meet future workplace standards.
What You Must Avoid Saying or Doing
It is imperative to avoid attempting to deceive the MRO or your employer at any point, as the MRO is trained to verify all medical claims.
- Do not fabricate an excuse, such as claiming accidental exposure or consumption of poppy seeds, as these claims are generally dismissed without medical verification.
- Do not argue with the MRO or the Designated Employer Representative (DER) about the accuracy of the test, as the laboratory results are scientifically confirmed and verified by a medical professional.
- Under no circumstances should you admit to recent illicit use or provide details about the timing, location, or source of the substance, as this information can be used against you in the context of criminal self-incrimination.
- Avoid signing any document, such as a termination notice or a return-to-duty agreement, without first reading it thoroughly and understanding the terms and conditions.
- Ignoring the MRO’s repeated phone calls or failing to return them within the 72-hour window is processed as a test refusal and a policy violation.
Navigating the Consequences and Next Steps
A verified positive result typically initiates consequences outlined in the company’s drug-free workplace policy, ranging from suspension to immediate termination. For employees in DOT-regulated positions, a verified positive test mandates immediate removal from safety-sensitive duties and requires a formal return-to-duty process. This process begins with a mandatory evaluation by a Substance Abuse Professional (SAP).
The SAP, an independent licensed professional, will recommend a specific course of education or treatment, which may include inpatient or outpatient counseling. Successful completion of the SAP’s prescribed program is the employee’s responsibility. This completion must occur before the SAP determines the employee is eligible to take a return-to-duty test. The return-to-duty test is directly observed and must yield a negative result. If the employee returns to work, they are subject to an unannounced follow-up testing plan for up to five years.
Knowing Your Rights as an Employee
Employee rights vary significantly based on state jurisdiction, industry, and the presence of a union agreement. One common right is the ability to request a re-test of the split sample, or “B sample.” This re-test must be done at a different certified laboratory and is typically paid for by the employee. This option allows for an independent confirmation of the initial laboratory result.
The Americans with Disabilities Act (ADA) provides some context, but it does not protect employees currently engaging in the illegal use of drugs. However, the ADA may offer protection to individuals who have successfully completed rehabilitation or are currently enrolled in a supervised rehabilitation program. State laws regarding medical marijuana are complex. State-level protections for medical use often conflict with federal law, including DOT regulations, which typically maintain a zero-tolerance policy.