Employee Tests Positive for Drugs – What’s Next?

When an employee tests positive for drugs or alcohol the employer must follow the company drug-free workplace policy.  Some policies will call for immediate termination and some will allow for a last chance agreement.  This more than likely includes a requirement for the employee to seek employee must get assistance for the substance abuse problem, and any future refusal or positive drug or alcohol test may result in immediate termination. This may include assessment for treatment, counseling, and/or rehabilitation.

If the company does not have a drug free workplace policy and employee tests positive for drugs or alcohol, it is more than likely that the employee will be able to keep their job.  Employers should not implement drug testing without a written drug free workplace policy.

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FMCSA Post Accident Testing Guidelines

A. Certain employees are required to submit to post-accident urine drug testing as required by the US DOT and FMCSA guidelines. B. An employee will