Drug testing plays a significant role in hiring and workplace management. It helps maintain safety, ensures regulatory compliance, and supports a productive work environment. But what happens if a drug test is failed? Can it impact your employment prospects or appear on your record? This guide dives into everything you need to know, from different types of tests to handling failed results.
Does a Failed Pre-Employment Drug Test Go on Your Record?
A failed pre-employment drug test might stay off public records, but it could impact you depending on the industry. Most private companies keep such results confidential. However, in industries regulated by bodies like the Department of Transportation (DOT), failed drug tests are recorded in the Drug and Alcohol Clearinghouse and accessible to future employers for up to five years.
Employers usually do not disclose failed tests for positions outside of safety-sensitive roles unless you consent during the screening process.
Do Failed Drug Tests Show on Background Checks?
Generally, failed drug tests are not part of a standard background check. They may appear if the test is linked to legal action or mandatory reporting in regulated industries. Employers in fields like transportation, healthcare, or public safety might legally disclose these results or provide details about termination that suggest a failed test. Under privacy laws such as HIPAA, medical data, including drug test results, is often protected.
Types of Drug Screenings
Drug tests vary in methods and sensitivity. Each has unique benefits depending on the situation. Here are the most common types:
Urine Testing
Most widely used and cost-effective.
Can detect drug use within the past few days.
Possible risk of tampering if not supervised.
Hair Follicle Testing
- Tracks drug use spanning up to 90 days.
Highly reliable but more expensive.
Saliva Testing
- Detects recent use, typically within 24-48 hours.
Ideal for real-time or reasonable suspicion testing.
Blood Testing
- Measures current impairment or recent consumption.
Accurate but invasive and costly. - Check out Quest Diagnostics’ Guide to Drug Testing for a detailed comparison of test types.
What Happens if an Employee Fails a Drug Test at Work?
The consequences depend on company policy, the nature of the job, and local laws. Employers may take actions ranging from termination to offering a rehabilitation program. For positions regulated by the DOT, employees failing a drug test must complete a return-to-duty process, including evaluations by a Substance Abuse Professional (SAP).
Some states mandate employers allow employees to explain test results or even enter treatment before disciplinary actions.
What Can Cause People to Fail a Drug Test?
A failed drug test isn’t always due to illicit drug use. Common causes include:
- Illegal Substances: Cannabis, cocaine, amphetamines, etc.
- Prescriptions: Common medications, such as antidepressants or antihistamines, might cause false positives.
- Foods: Poppy seeds and hemp-based products can trigger positive results.
- Over-the-Counter Products: Some cough syrups or pain relievers detect compounds similar to illegal drugs.
Failed Drug Test Due to Illicit Drug Use
The most straightforward reason for a failed test is illegal drug consumption. Many tests target specific drug types, including marijuana, cocaine, and opioids. While the legalization of cannabis has changed state-level laws, certain employers maintain strict zero-tolerance policies, even for off-duty use.
False Positive Drug Test
Not every failed drug test reflects actual drug consumption. False positives can happen due to:
- Prescription medications like certain antibiotics.
- Everyday products, such as mouthwash containing alcohol or hand sanitizers, register as ethanol.
- Food triggers, including poppy seed bagels.
Employers often use a Medical Review Officer (MRO) to verify results and ensure fairness. You can request repeat or confirmatory testing if you suspect a false positive.
Does Failing a Drug Test Disqualify Candidates from Employment?
Yes, it can, especially if passing the test was a condition of employment. Some states, however, allow candidates to present evidence explaining the results, such as prescriptions or medical exemptions. Employers must legally notify candidates about test results and guide disputing inaccuracies, following Fair Credit Reporting Act (FCRA) guidelines.
How Long Do Failed Drug Screens Stay on Record?
Private sector employers typically keep failed test results confidential. However, in regulated industries, the results of DOT drug tests are stored in databases like the Drug and Alcohol Clearinghouse for five years. Always understand the policies tied to your industry or employer.
Types of Failed Drug Tests
Failed drug tests generally fall into two categories:
- Positive Results: Detection of drugs or alcohol over acceptable thresholds.
- Tampered or Refused Tests: Refusing to take a test or tampering with a sample.
Different employers may respond differently to these outcomes.
What Makes People Fail a Drug Test?
Some scenarios that lead to failure include:
- Intentional use of banned substances.
- Misunderstandings about legally prescribed medication interactions.
- Cross-contamination from other substances (e.g., secondhand marijuana exposure).
Educating employees and candidates about causes can minimize accidental positives.
FAQs on Failed Drug Tests
Q: Will failing a test become a public record?
A: No, unless mandated databases (e.g., DOT) or criminal records come into play.
Q: Can I re-test after failing?
A: Depending on the state or employer, you might be allowed to re-test or appeal.
Q: Does failing a test mean termination?
A: Not always. Rehabilitation programs are often offered, especially for first-time violations.
What to Do if You Fail a Drug Test
Failing a drug test isn’t the end of the road. Here’s how to handle it smartly:
- Stay Calm: Take a deep breath and assess your situation.
- Request Review: If you suspect inaccuracies, ask a Medical Review Officer to evaluate the results.
- Provide Context: Share any prescribed medications or relevant details with your employer.
What Happens After a Failed Pre-Employment Drug Test?
Employers typically rescind job offers upon failed tests tied to conditional offers. However, they must comply with local and federal laws, allowing candidates to dispute errors or false positives.
What Happens After a Failed Employee Drug Test at Work?
Consequences vary widely and may involve:
- Disciplinary actions or termination.
- Opportunities to attend rehabilitation or counselling programs.
- Suspension pending confirmatory testing or review.
Employers typically follow written policies consistent with federal and state regulations.
Final Thoughts
Failed drug tests can be a sensitive issue for everyone involved. While most results are handled confidentially, awareness of your rights and obligations is vital. If you’re a candidate or employee, reviewing your medications and reporting issues in advance can prevent problems. Employers, meanwhile, should ensure their drug testing policies balance workplace safety with fairness and legal compliance.
For the latest workplace drug testing laws and developments, visit resources like SAMHSA or consult employment law specialists.