The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.Sep 30, 2021
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.Feb 28, 2019
(a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
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.Feb 17, 2021
Depending on your company's policy, failing a drug test could lead to disciplinary action or you being dismissed. If your company has a zero tolerance policy to drugs, just the positive test could be seen as 'gross misconduct' and you could be dismissed immediately or suspended while there is an investigation.
4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible. ... Reveal the substances you have been taking that might have caused inaccurate result. ... Request a more advanced method of testing for verification. ... Get assistance from your union or a private attorney.Feb 6, 2021
If you fail your DOT regulated drug test, DOT regulations require your employer to immediately remove you from performing any DOT safety-sensitive job. There may be other consequences, too, like losing your certification or license. This depends on your company's policy or employment agreement.Feb 23, 2018
If you refuse a DOT drug test, the employer is required by DOT regulations to enter that as a violation into the FMCSA Clearinghouse. This violation would prompt you to have to complete the RTD process to return to safety-sensitive work.Sep 24, 2021
When a Department of Transportation (DOT) regulated safety-sensitive employee has a positive DOT drug test and/or positive DOT alcohol test, the employee is required to go through the DOT return to duty (RTD) process. ... This list should include names, addresses and telephone numbers as noted in DOT 49 CFR Part 40.287.Oct 4, 2021
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.Jan 21, 2020
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.Feb 10, 2020