If you fail a pre-employment drug test for THC, is employment discretionary based on the employer, or is it federally mandated to be denied employment?
Certainly, most positions are not regulated by a federal mandate. However, since the regulations imposed during the Reagan administration, there are a large number of positions which are regulated by SAMSHA(sometimes called NIDA or DOT). These positions require the individual to pass what is sometimes described as a DOT physical. These positions can include truck drivers, bus drivers, forklift operators and many other positions in the transportation industry. Passing a federally regulated drug and alcohol test is part of passing the physical. For the lab to provide a positive result for THC does not definitely cause one to fail the test. If the individual can provide a valid reason for a positive drug test, then the medical review officer will convert the result to a negative and then this would be considered passing for this portion of the physical. There is a valid reason (ie., valid prescription) for all drugs tested except for phencyclidine and the MDMA/MDA/MDEA drugs. Interestingly enough, the requirements for employment at the DOT is inconsistent with the requirements for a position with a company which is regulated by the DOT. Or this has been the case in the past. There may be other positions where federal regulations require a negative result for all drugs regardless of the donor having valid prescriptions. The one area is for certain specific positions working in or around nuclear power plants. There may be other positions in the country. Also, the military has some very different requirements based on the particular job posting and/or rank. I never understood the military requirements but were always described as peculiar because of the dependence upon many variables which we were never informed. A lot of this was determined by rank and location. An example here would be stricter requirements for those onboard nuclear submarines or those working in the bunkers for launching nuclear warheads. It always seems that positions around nuclear fuels were always more stringent than many other positions. And positions where an accident could cause the deaths of innocent individuals required more stringent rules as well. But is that not how we really want life to be in the country. The people holding responsible positions requiring attention should not be on any drug or alcohol which interferes with their ability to perform their job.
Can you fail a pre-employment drug test due to legally prescribed medications?
I am taking a pre-employment drug screen next week. I take Nuvigil, kalonapin, and Hydrocodone for a neurological disorder. I take it as prescribed. I don't want to disclose to my employer about the neurological problem as it does not affect my work ethic or my ability to do the job. My question is: can I be denied a job due to these medications even if they are legally prescribed? It is a case management/social services type of job. So no transporting/driving involved. If those meds do pop on my drug screen will they then check levels or something to make sure I'm taking them as prescribed? How does that work for PRN medications that I take diff doses of daily? I have to take a pharmacy list with me to the appt but don't want my prescriptions to cost me this job. Anything to make me feel better would help. Or anything I should or shouldn't do. I have worked in healthcare for years and passed every drug test. But I've been diagnosed and prescribed more meds than ever since my last one. I also have to do a physical and haven't had to do one of those ever before and don't know what to expect. Any info would be helpful.
Can unemployment deny your benefits for failing a drug test?
Well, the two main reasons people get denied are being at fault for the loss of the job, IE if you, hypothetically, got fired for attendance or something else like that. The other reason is that your state determines that you are not "able and available" for work. Usually failing a drug test is grounds for termination, so you would most likely be considered not able and available, as passing a drug test would be required to regain employment. So unfortunately, I don't think you would be able to appeal.
Pre-employment drug test for municipal job- hair or urine?
Due to budget constraints because we are sick of paying taxes, it is usually urine. Hair is expensive so used by few companies. Good luck and congrats
Can you be denied employment for taking medications that will show up on a drug screen but are prescribed?
There are some classes of jobs that prohibit certain types of medications, but it’s usually not legal to ask about prescription medications across the board prior to an offer of employment. In fact, many pre-employment drug screens do offer the opportunity to disclose medications because those screens are usually done by 3rd-party, health-related organizations bound by ADA disclosure regulations.What types of jobs might allow questioning? Police officers and people involved in public transportation. Most other jobs and professions simply don’t qualify, but it’s best to check prior to going on an interview so that you know what’s fair and reasonable and what’s not.Many illegal questions are asked because interviewers don’t know the questions aren’t legal. Not an excuse - just reality.Hope that helps and good luck.
Will I fail pre employment drug and alcohol because of pregnancy?
If you don't have any drugs or alcohol in your system no you won't,,any medication's that you take even narcotic pain pills are perfectly ok and legal as long as their prescribed to you from a Dr, and when you take your drug test you declare them on the paperwork you'll be asked to fill out at the test facility,, your future employer will not know what medicines you are prescribed either,, the test facility can only give the a pass or fail answer,, and if you “are" pregnant and drinking and doing drugs you don't deserve the job anyways
Failed drug test because of urine temperature?
You have done all that you can. Your urine temperature would not be affected by having drank a lot of water prior to your test, your body will have warmed the fluid long before it made it through your kidneys and bladder to deposit it. Your urine sample may have been too low in temperature because they waited too long after you filled the cup to check it. Liquid starts to cool immediately after it leaves your body. If it sits in the little cubicle in the restroom too long, or if it sits on a very cool surface very long, the temperature could easily fall below what the individual checking the temperature believes it should have been....which if there was much of a delay is a matter of personal opinion. If the sample was clear of drugs and temperature alone was the issue, the voluntary retesting of a candidate you intend to hire is never dismissed. Especially remembering that some drugs like marijuana, will show up in urine for several weeks after a person used them...so retesting a person willing to strip and give a sample is usually sufficient. You will know if he/she pulled something funny on the first test. If that sample comes drug free, usually a company will go ahead and hire the person with the condition that a random "surprise" test will be done at a later date to verify the results. A side note, most companies that use the temperature as a verification of a fresh sample, instead of having a tester stand next to the person and watch the sample being collected, require testers to immediately check the temperature of the sample instead of letting it sit anywhere. I remember for one very sensitive job, they had me strip and walked me over to the toilet and stood and watched me make the deposit. Then had me sit for thirty minutes, and repeated the test....just to be sure I hadn't "bladder loaded" by some artificial means so my urine would be drug free. Fortunately, I never used any drugs or even drank alcohol. But it was unnerving. I wasn't sure I wanted the job after going through that. I sure didn't feel guilty when I used them as a reference for a better job elsewhere.
Can an employer really deny you if you test negative on an alcohol urine test?
i haven't gotten the job yet but i was offered it. i don't do drugs, and i only drink occassionally and just a few at night. i'm not a drunk or alcoholic by any means, but i've read a lot about urine showing alcohol traces from 10 hours to 4 days. i just don't know what to think. i drank last this monday (labor day) and haven't drank since. i plan to take the test on friday to give my body 3-4 days, but even so i think the best question is whether or not you can be denied work if your body shows you drank alcohol? it's not a driving job or a government related job. the reason i ask is because alcohol IS legal, so i don't understand why a company can say no you can't work cause you drink, when they could just as easily turn you down if you have a nose ring and then they would get sued if they actually told you that.
Can you reapply for a job in which you've failed a drug test?
I applied for a job about 3 months ago and failed the mandatory drug test (thought it was out of my system). Anyway, they have what's called a "zero tolerance" policy. Does this mean, I can never reapply? Or is there a time limit in which your file is thrown out? I've searched for info on the policy but I couldn't find anything..... P.S. Save the lectures about the drug use, please. Obviously I'm still thinking about an opportunity I missed because of it. Thanks!