Drug testing in the workplace is a crucial part of maintaining a safe and compliant environment for employees. However, you might wonder what will happen if you fail a drug test. Does it have a long-term impact on background checks?
Failed drug tests won’t appear in any criminal background checks in Florida, however, there are still circumstances wherein it may influence your perceived employment opportunities. Therefore, understanding their implications is important to help employers and employees navigate these situations effectively.
Types of Drug Screenings
Employers have different ways for drug testing to detect the presence of substances in a candidate’s or employee’s body. These could be as follows:
- Saliva Testing: Cheaper than other types of drug testing, also offers immediate results within just 5-48 hours. However, it is also the least reliable one among the other methods.
- Urine Testing: Can detect recent and past substance use. Thus, it is commonly used for pre-employment screening.
- Hair Follicle Testing: Suitable for long-term substance use as it offers up to a 90-day detection window. However, it is more costly than the others.
- Blood Testing: This is a little bit more invasive and expensive, although it is one of the most highly accurate methods that detect current or the most recent drug usage.
What Happens If You Fail a Drug Test at Work?
If you happen to fail a drug test while you are employed, there are various consequences that you’d be facing but it all depends on the company’s policy about drug use and Florida law, some of which are the following:
- Zero-Tolerance Policies: Some companies have a strict drug-free workplace policy, and failing a single drug test could ruin everything! Companies or employers who have a zero-tolerance policy are quite strict about implementing their sanctions and directly terminate employees from their positions.
- Rehabilitation Options: Not all employers are as strict as others. Certain employers do not resort directly to termination but give employees the chance to redeem themselves. Employees often offer treatment programs and rehabilitation actions for drug-positive employees to help them recover. This is especially common for first-time offenders.
- State Laws: Florida allows employers to establish their policies about the use of drugs, in short, they have the freedom to either accept candidates with a history of drug use to be employed in their company or ban it completely and implement a drug-free workplace policy, but even though Florida law allows such actions they must adhere to some grounds about the Florida Labor Laws in regards to drug testing for employment, as employees also hold rights under the same federal law. One example of this is the ADA or Medical Use of Marijuana in Florida which states that those with medical conditions such as Cancer, Epilepsy, Glaucoma, etc. are allowed to use Marijuana for medical purposes.
Employers must always document these actions appropriately and comply with all relevant regulations.
Does a Failed Drug Test Show Up On a Background Check in Florida?
The answer to this question is NO. Failed drug tests do not necessarily appear on any background checks because they are not considered to be a criminal record. However, there are still certain exceptions for this:
- DOT-Regulated Positions: Jobs that are regulated by the Department of Transportation (DOT) keep track of failed drug tests and record them in the Drug and Alcohol Clearinghouse. This is also accessible for future employers for up to five years.
- Employer Records: Certain employers maintain internal records of failed drug tests. This influences their rehiring process, however, this information is not being disclosed to any kind of external parties.
Job seekers and employers alike must understand these nuances as it will help them both ways.
Can Previous Employers Disclose Failed Drug Test Reports?
While it is not completely legal for previous employers to legally disclose a drug result of employees, there are certain circumstances wherein they can do so.
Most employers who privately own their companies are not allowed to disclose any drug test results on the background check of an employee. However, if the desired position is government-owned, employers are required to know whether or not the employee has a history of failing a drug test, and they can legally seek this information.
If the employee has been involved in a criminal conviction because of drugs, or the drug result is part of a criminal investigation, these records will be publicly available and can be viewed by anyone, including employers who want to do a background check.
The law of Florida does not allow the disclosure of failed drug test results unless there is written consent signed by the person himself. However, industries such as transportation and other safety-sensitive positions may verify previous drug test results during the hiring process.
What Happens If You Fail a Drug Test but Have a Medical Card in Florida?
While medical marijuana is deemed legal in Florida, this still does not guarantee that you have any job protection.
Employers have different policies about the use of marijuana and drugs. Even though a medical marijuana card is issued for a patient, there are a lot of employers who disregard that one due to their strict adherence to their drug-free workplace policies. Thus, having a marijuana card, in some cases, could still cause some consequences.
In connection to this, the employees have the right to request an accommodation under the ADA or Florida Medical Marijuana Law but not all roles can be accommodated by this. Again, there are safety-sensitive positions that will still require strict adherence to drug test results.
To maintain understanding between employers and employees, both should engage in open regulation and clarify these rights and expectations.
Does Failing a Drug Test Disqualify You From Employment?
You can be disqualified from your employment if you fail a drug test. Certain occupations require passing the test as a condition for the job. However, during a drug test, the employer must follow policies that are set by federal law and state guidelines. This will ensure that the results of the test are just and fair for all candidates.
Each candidate has the right to contest or to explain their side about their drug test result, especially because there are occurrences of false positives at times. By doing this, the candidates are given a chance to correct any misunderstanding or error about the test.
In Florida, the results of the drug tests are influenced by the employer’s policies and the role requirements. While employers have the right to determine how a result should impact the hiring decision, it is important to note that they too should also operate by complying with the boundaries of rules and regulations set by the state about drug testing.
Clear Your Bad Background With EraseTheCase
If you are struggling to get a job because of your failed drug tests or other similar issues, you can seek help at EraseTheCase to clear your bad background check. We will navigate background checks and clear you from any negative records. Although failed drug tests are not commonly included in any background reports, addressing these kinds of challenges will still improve your chances of landing a good employment opportunity in the future.
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