Airmen who fail a drug test are removed from performing safety-sensitive functions, required to undergo a substance abuse evaluation, and required to complete counseling or treatment. To make matters worse, airmen often are fired by their employer as a result of a failed test.
The only way to return to a safety-sensitive position after a positive DOT drug test is to work with a qualified DOT SAP. This person will evaluate your circumstances and recommend treatment or education for you to complete.
Failing a Drug Test While Employed in Texas They may also make decisions on a case-by-case basis. You may lose your job. Or, your employer may require you to take a second test so you can prove that you cleaned up your act. Other employers will subject the employee to an education or rehab program with a deadline.
The US Department of Transportation recommends that you always “comply, then complain.” Even if you don't agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
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.
DOT drug tests require laboratory testing (49 CFR Part 40 Subpart F) for the following five classes of drugs:Marijuana.Cocaine.Opiates – opium and codeine derivatives.Amphetamines and methamphetamines.Phencyclidine – PCP.
In many cases, job candidates who fail drug tests and who lack legitimate prescriptions will simply be told that they've failed and that they're no longer eligible for the employment opportunity. They may be able to reapply at the company after six months or a year, French says.
Drug Testing in Texas Employers cannot perform drug tests on employees who have not given their written consent. While workers do have the option of refusing to sign the policy, it is usually possible to fire them for declining.
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.
Furthermore, employees may have excuses for failing a drug test: they ate too many poppy-seed bagels, accidently picked up the wrong brownie at a party or were stuck in a car with someone who was smoking weed. Perhaps they'll argue that the test is wrong. Employers need to consider how they'll handle these situations.
The positive drug test remains in the Drug and Alcohol Clearinghouse until you successfully complete the RTD process and the observed DOT follow-up testing. After that, the information stays in the Clearinghouse for five years.
There are no consequences under DOT agency regulations for refusing to take a non-DOT test.