Maine Sample Letter for Response to a Positive Drug Test - Employer
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In the event of a false positive on a pre-employment drug test, you should immediately notify your prospective employer. Most companies will offer a retest option. To protect yourself and ensure your case is heard, consider using a Maine Sample Letter for Response to a Positive Drug Test - Employer when appealing the result.
To explain a failed drug test, be honest and direct. Acknowledge the situation, and share any relevant information, such as legality of substances used. Using a Maine Sample Letter for Response to a Positive Drug Test - Employer can help you communicate your explanation professionally and outline your next steps.
The DOT defines a safety-sensitive worker as someone who holds a job that can impact both their own safety and the safety of the public. Some of these safety-sensitive duties include operating a train or ferry, working on pipelines, working on a flight crew, or fixing an airplane.
DOT drug tests require laboratory testing (49 CFR Part 40 Subpart F) for the following five classes of drugs:Marijuana.Cocaine.Opiates opium and codeine derivatives.Amphetamines and methamphetamines.Phencyclidine PCP.
Failing a drug test by testing positive or refusing to test will result in your immediate disqualification from performing any safety-sensitive procedures, including driving a commercial vehicle.
Companies that include positions, such as firefighters, pilots, police officers, truck drivers, etc. are examples of those in safety-sensitive positions who have duties that would require you to maintain good health.
In the event of a violation, the employee must immediately be removed from all safety-sensitive functions and is required to success- fully complete the evaluation and rehabilitation process in order to return to safety-sensitive duty for the current or future employer.
There is no Federal prohibition resulting from a driver testing positive on a non-DOT drug test. 49 CFR 40.13 requires that DOT and non-DOT testing be completely separate.
The US Department of Transportation recommends that you always comply, then complain. Even if you don't agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
"Safety-sensitive generally means that a position involves some aspect of a heightened danger that requires an employee's full and unimpaired skills and judgment to safely execute his or her job," said Mary Will, an attorney with Faegre Drinker in Denver.
