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I’ve got a client who had a positive DOT pre-employment test and requested split specimen testing, do I have liability if I do not hire the person as I already hired another person?

I’ve got a client who had a DOT pre-employment that went into extended lab testing and review. The client then received a call by the MRO office saying the drug test was positive for amphetamines/methamphetamine but that the job candidate had opted for a split and that they, the client, would have to pay for it.

Due to the nature of the extended delay, and now further delay with the additional split test, they decided to go ahead and hire someone else.

In the event that the split comes back negative, do they have any liability? 

Answer:

Without a negative result, you cannot put the person in a DOT job.  If the job is no longer available then that is the answer.  So with the first positive test the applicant can't be haired for a DOT safety sensitive job.

A split coming back negative is not typical at all.  Doesn’t mean the applicant won’t still want the job. If you get the split result back negative and the applicant is asking for the job, then talk to your attorney or a qualified workplace drug testing expert.