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Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive. The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits.
What Happens If I Fail a Pre-Employment Drug Test? In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.
The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.
Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
Ohio state law allows the employer to conduct drug test for their employees, new hires, and applicants. In the meantime, the law allows the applicants to file a legal complaint if the employer's drug test compromises dignity, privacy, and violates the state laws and procedures.
Ohio employers are allowed to drug test applicants and new hires.
If you fail your pre-employment drug test, there are chances that the employer may not hire you. If you fail your random drug test, you may or may not lose your job based on the situation and the employer's drug testing policies.
Recently, the Ohio Supreme Court held that employers can use the direct-observation method of drug testing, without violating an employee's privacy rights, provided that the employee consents to the test. The court also noted that an employer can terminate an employee for refusing to consent to that drug test.
For the voluntary Ohio drug free workplace law, instant drug testing or POCT testing is prohibited. Not allowed for the voluntary drug testing law. SAMHSA 5 panel plus other allowed: prescription medications such as oxycodone (expanded opiates test), barbiturates, benzodiazepines, methadone, and propoxyphene.
Applicants to specific safety-related and other designated positions at Ohio State will be drug tested after receiving a final offer of employment and prior to beginning work. Applicants will be notified at the time of application that testing for drugs is a requirement of the employment process.