Excerpted from an SHRM blog by Lisa Nagele-Piazza, SHRM-SCP, J.D
Employers conduct drug tests to screen out potential new hires who use illicit drugs and to deter current staff from abusing drugs and creating safety risks in the workplace. So, what should employers do when a job applicant or current employee fails a drug test?
The answer may depend on the industry, state law and company policy, said Dale Deitchler, an attorney with Littler in Minneapolis.
Some industries, safety-sensitive jobs and federal contractors must comply with federal drug-testing rules that dictate the steps employers must take after an employee fails a drug screen. However, for the most part, private employers will need to turn to state law. Employers have to be aware of the specific drug-testing laws in each state where they operate because these laws vary widely, said Tae Phillips, an attorney with Ogletree Deakins in Birmingham, Ala.
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