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The act of evading or causing deceitful results in a test for drugs constitutes a third degree misdemeanor in Pennsylvania. A positive drug test or refusal to undergo testing for controlled substances, as required by the employer's established substance abuse policy, is classified as misconduct.
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.
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.
So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.
If you fail a drug test while on probation in Pennsylvania, you will receive a warning from your probation officer and may face a probation revocation hearing.
If a false positive occurs, you can talk to your employer to determine the options available to you. It should also be noted that if you wish to challenge a positive test result, the process of appeal may vary according to the state or the company where it operates.
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.
(a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result.
Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.