Failing your Pre-employment drug test might lead to the loss of opportunity to start your career in your desired industry. But it does not happen all the time. The drug testing policy differs from one company to another based on U.S. federal law and state law. This blog will throw some more light on what happens if you fail your 5-panel drug test during pre-employment testing and what you can do further to pass your drug test to get your desired job.
Why do companies conduct drug testing?
Companies require their employees to be drug-free to improve the business’s productivity and maintain a professional workplace. Apart from that, companies who have enrolled in SAMHSA’s Drug-Free Workplace Program (DFWP) should create a drug testing policy abiding by the state and federal law to ensure a drug-free workplace.
There are certain occasions where a company might conduct a drug test. They include
- Random Drug Testing
- Post-Accident Drug Testing
- Drug Testing based on suspicion
- Return-To-Duty Drug Testing.
When is Pre-Employment Drug Tests Required?
Pre-employment DOT drug testing is conducted on candidates who apply for the safety-sensitive position. If you are a commercial driver applying for a transportation job, you might face a DOT pre-employment drug test.
You may also face a pre-employment drug test if you are getting rehired after the termination of 30 days or longer. The FMCSA regulations will be more helpful if you want to know more about CDL drivers’ drug Testing.
Can you go to jail if you fail your Pre-employment drug test?
Not possibly. The companies conduct the pre-employment drug test in a confidential manner and do not share your drug test results with any other entity. They may put down your job offer but will not possibly report you to the police.
If you take a drug test conducted during probation, failing it might have consequences. The Parole officer might extend your jail time or take any other necessary action directed by the Court.
If you are arrested for failing your drug test, you can attend your hearing and oppose your allegations against you in court. The court might order a drug test to ensure your drug intake. This might happen if you are involved in a crime due to drug intake. Failing a pre-employment drug test alone might not lead to jail time.
Will my Positive test results stay on the record?
Your positive results might stay in the Drug and Alcohol Clearinghouse until you complete the Return-To-Duty Process and adequate follow-up testing. The data may remain in the clearinghouse for 5 years. But it is to be known that your employer might not access your drug test data without your consent.
Failing a pre-employment drug test will have serious consequences. If you are marching towards a better career, it is better to refrain from drugs to lead to a brighter future.