Can I still Get Hired If I Fail A Drug Test?
You might be wondering: can I still get hired if I fail a drug test. This post will take you through the answer to that complicated question. Read on to learn everything.
What to Do If You Fail a Pre-Employment Drug Test
Drug tests have historically been used for pre-hire and post-hire determinants within the workplace. With the “war on drugs” ramping up the 1980s, companies followed the federal employee program on drug testing. After this time and still today, it is common practice to test potential employees for drug usage before hiring them.
The state of Louisiana has its own drug testing laws that provide direction to employers on the requirements of testing employees. For any federal employees working in Louisiana, they must adhere to federal standards on drug testing. All others who wish to work in places like Shreveport or New Orleans are under state requirements.
Pre-Employment Drug Screening
The law in Louisiana allows for pre-employment drug testing as part of the hiring process in both public and private businesses. It does not require drug screening unless the company contracts with the federal government in sensitive industries. Louisiana also has an exemption that excludes exploration, drilling, and oil production or gas in Louisiana or its territorial waters from the state law.
For all others, there are certain requirements that the organization must follow in the hiring process if they plan to deny employment based on a positive drug test. Here are a few examples of those requirements.
- Laboratories used must be NIDA-certified or CAP-FUDT-certified laboratories.
- Instant tests used must be FDA approved.
- Five-panel tests are recommended.
- A medical review officer must verify all negative and positive tests.
- The company must have a policy of hiring conditional on a positive test.
Post-Employment Drug Screening
The state of Louisiana law for drug screening also allows for post-employment drug screening. The law outlines requirements put in place to protect employees rights such as:
- Testing is allowed when probable cause exists an employee is under the influence.
- The company has a random drug testing policy in place.
- An employee who fails the test may request all failed test documentation within 7 business days.
- The company can have the employee receive counseling instead of termination, although this is not mandatory.
In the past, it was common for companies to require a drug test completed in the event of any industrial accident. OHSA in recent years stated that drug tests should only be performed if evidence existed that the accident partially resulted from someone using drugs or alcohol.
Confidentiality & Drug Test Information
If you find you have failed a drug test before or after employment, know that the company who requested the test can only share the results of that information with anyone you agreed to when signing the policy release.
There was a time when potential employers were allowed to call your previous one and ask personal questions about your health, drug testing results, etc. With the advent of the HIPAA laws in 1996, your former employer cannot share any information about drug testing results. Not allowing your former company to share this information with others protects the employee from any drug tests that were failed in the past and will not affect employment elsewhere.
What to Do If You Fail A Pre-Employment Drug Test
If you find yourself in the situation of failing a drug test during a hiring process or after you are employed, there are ways to challenge the results legally. For one, you will want to hire an excellent drug charges lawyer for representation.
Hire a local attorney who will represent you and who understands Louisiana’s laws in regards to drug employment drug testing.
A criminal lawyer may start by challenging and looking into the employer’s policy and ensuring they have followed the state mandates on drug testing accurately. Suppose for instance, the laboratory used for the drug test verification is found not certified, lost chain of custody, or other violations of the requirements. In that case, your attorney can help you in litigation against the company you tested for.
Other violations your attorney can look into are:
- If the employer terminates your employment for a drug a doctor legally prescribes you, a discrimination suit may be in order.
- The company hiring policy must be to test everyone in the hiring process. If it is found they single out only specific individuals for testing, this is also considered discrimination.
- Another violation, as we mentioned before, is if an employer shares the results with anyone not authorized to have the information.
Failing a drug test will keep you from getting hired in Louisiana for companies that have a policy in place for a drug-free environment and require a negative test result on the condition of employment. As we have seen, there are requirements dictated by the state of Louisiana that the employers must follow in their process. If you have been denied employment or terminated for a positive drug test and wish to fight the result, contact an attorney today.
We hope we have answered your question of can I still get hired if I fail a drug test and wish you the best of luck!