Workplace drug testing is a controversial topic. Some believe workplace drug testing is intrusive and an invasion of privacy. Proponents of workplace drug testing see the benefits such as better safety and the ability to help an employee who is heading down the wrong track.
Moving Forward After Your Employee Failed a Drug Test
One major issue for those against workplace drug testing is the fact that an employee can lose their job if they fail a drug test. But termination isn’t always the result. In fact, some states and many companies have laws or policies in place to prevent the termination of an employee who has failed a drug test for the first time. For instance, Maine and Vermont have laws that protect employees who fail a drug test for the first time from termination. In order to keep their position, the employee must agree to and attend a rehab program.
What happens after an employee fails a drug test depends on the type of industry, state laws, and company policy. Some industries, those with safety-sensitive jobs, and federal contractors must comply with federal drug testing rules. Companies with locations across multiple states may also need to comply with federal regulations. However, most private companies need only to refer to their state’s workplace drug testing laws.
Deciding what to do after an employee or pre-employee fails a drug test is largely up to the employer, especially here in Mississippi, where there are no statutes restricting workplace drug testing. Candidates who are offered a job that is contingent on their ability to pass a drug test may have their offer rescinded. However, when the failed test concerns a current employee, the answer may not be so simple.
For example, an employee in otherwise good standing may be offered a second chance to keep their position if they agree to attend a rehab program or can pass a second test. Employers shouldn’t jump to immediate conclusions when an employee fails a drug test. Drug tests cannot determine the difference between heroin or a legal opiate drug. If an employee has a prescription for a narcotic drug, they are protected by laws under the Americans with Disabilities Act. Employees who have recently completed or are undergoing a rehabilitation program also have certain protections under the Americans with Disabilities Act.
Mississippi has a voluntary drug testing law in place to regulate workplace drug testing. The main part of Mississippi’s drug testing law is the requirement of employers who choose to conduct drug tests to have a written drug test policy and specific drug testing procedures in place. For the most part, drug testing policies are determined by the employer in Mississippi.
We believe that the best workplace drug testing policies protect and benefit the employer and also helps the employee get on a better track. EliteCare offers workplace drug testing services to help ease the burden of pre-employment and current employee drug screenings. We are conveniently located near the Northern Lee County Industrial park at the Guntown-Baldwyn border. To learn how we can help you with your workplace drug testing needs, call 662-348-3342.