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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.
If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.
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.
4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible.Reveal the substances you have been taking that might have caused inaccurate result.Request a more advanced method of testing for verification.Get assistance from your union or a private attorney.
Many commonly used substances can trigger a false-positive test result. If you're certain that the result is false, immediately take action and dispute false-positive results.
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.
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.
Common excuses for failing a drug testI kissed my boyfriend after he smoked a joint. My dentist gave me something strong for a sore tooth. I ate a lot of poppy seed muffins for breakfast. I failed because of second-hand marijuana smoke.
Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances. Defamation.