New Mexico Sample Letter for Response to a Positive Drug Test - Employer
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FAQ
If a pre-employment drug test returns positive, the potential employer may withdraw their job offer. However, you are entitled to explain the circumstances or request a retest if you believe the results are inaccurate. Utilizing a New Mexico Sample Letter for Response to a Positive Drug Test - Employer can help you address this issue with clarity and professionalism.
Your first step should be to talk to your employer. Many drug testing programs have a medical officer or someone else who is designated to speak to employees about their use of legal prescription drugs, a common source of positive test results. Find out who you should speak to and schedule an appointment right away.
If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.
Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.
In the event of a violation, the employee must immediately be removed from all safety-sensitive functions and is required to success- fully complete the evaluation and rehabilitation process in order to return to safety-sensitive duty for the current or future employer.
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
Urine drug screens are the most common test, although other body fluids may be analyzed as well. Many commonly used substances can trigger a false-positive test result. If you're certain that the result is false, immediately take action and dispute false-positive results.
If they fail a drug test, they may be referred for treatment, suspended, or removed from the job. However, the private sector and public employers (with 25 or more employees) must reasonably accommodate employees who want to seek drug or alcohol abuse treatment.
