Last updated : November 11, 2024
Random drug testing is an important component of maintaining workplace safety. It helps encourage employees to avoid drug and alcohol use and to come to work sober. But, what happens when your best employee fails a drug test? Situations like this certainly put you in a difficult position. Here are a few tips to help you handle the situation appropriately.
Review Company Policy
Before having any conversations with your employee, review your company’s policy regarding drug screening. Some companies may mandate immediate termination or suspension if employees fail a drug screen, especially if the substance in question is not medically mandated. Other companies may choose to treat the employee with some leniency and allow him the chance to get treatment for a substance abuse problem, such as a last-chance agreement. Go over these policies and make a plan before you talk to your employee.
Recognize That There May be a Medical Explanation if the Test Result is “Non-negative”
When the sample tested is sent to the lab for analysis, the testing may discover a substance in the sample. Medications for chronic pain, mental health conditions, or other medical illnesses could potentially cause an employee to have a non-negative result. If this occurs, the Medical Review Officer will contact the employee to discuss the test result and will verify their prescription. If a legitimate prescription is confirmed, the result will be confirmed as a negative result. It is worth noting that certain medications, like prescription pain killers, can potentially affect an employee’s sobriety, even if taken within the prescribed limitations. If the substance the employee was taking affects their ability to function, you may still need to work with the employee to find a solution such as having them work in a non safety-sensitive position until they are done taking the medication . But, it’s still better than finding out that the employee is using drugs illegally.
Listen to Their Side – But Don’t be Misled
If the employee can’t provide a medical reason for using a substance, he/she will probably still offer you and/or the Medical Review Officer a variety of explanations. These excuses may run the gamut from a flat out denial, claims of a mistake, or the implausible claim that he was simply around other people who were using the substance and must have gotten a “contact buzz.” Or, the employee may simply own up to the drug use and ask for forgiveness. Give the employee’s explanation some genuine consideration. If he is one of your best, obviously he has some redeeming qualities and deserves to be heard. However, don’t allow yourself to be misled and make sure you treat all employees consistently. If an employee fails a drug test, chances are the simplest explanation is the best one: he/she knowingly used the substance.
Follow Through on Next Steps
After the conversation with the employee, you will need to follow up with the next steps. If your company offers second chances, help the employee get enrolled in a rehabilitation program or other services utilizing the company’s Employee Assistance Program, if you have one. Helping the employee file the necessary paperwork will make it easier for them to focus on getting well during this difficult, stressful time. If the employee will be terminated, make sure to cover all your bases and file the necessary paperwork. Either way, take careful notes about how you handled every step of the process. Documentation of the drug test results, conversations with the employee, and any other relevant steps in the process will help you keep track of what was done and could potentially protect you against lawsuits.
Having your best employee fail a drug test is a terrible feeling. Handling the situation in a careful, professional manner will help ensure the best possible outcome for both your company and the employee. Give the employee the chance to provide reasonable explanations and offer help if your company policy allows it, but remember that workplace safety has to come first.
Have you considered what you would do if your best employee fails a drug test? Share your thoughts in the comments below!
