Subject: New Mexico Sample Letter for Employer's Response to a Positive Drug Test Result Dear [Employee's Name], We hope this letter finds you well. We recently received your drug test results, and unfortunately, we must inform you that the test came back positive for [name of the drug detected]. As an employer, we have a responsibility to maintain a safe and drug-free work environment for all employees, which includes complying with the regulations set forth by the state of New Mexico. In accordance with the New Mexico Drug and Alcohol Testing Act, we are required to follow a specific protocol when an employee's drug test returns positive. Our company is committed to providing a fair and supportive process to address this issue. We understand that people face personal challenges, and we encourage those who are struggling with substance abuse to seek appropriate help and take the necessary steps towards recovery. Upon receipt of this letter, you have the right to request a confirmatory retest of your original sample within five (5) working days. We strongly advise you to exercise this right if you believe there might have been an error. The confirmatory retest will be conducted at a certified laboratory designated by our company. In the event that the confirmatory retest also comes back positive, our company's policy on positive drug test results dictates [insert company policy here — e.g., suspension, counseling, termination, etc.]. Please note that if disciplinary measures are to be taken, we will ensure adherence to legal requirements and respect your rights. We strongly encourage you to take this matter seriously and consider seeking assistance through various resources available to address any substance abuse concerns. This may include contacting Employee Assistance Programs (EAP), healthcare professionals, or substance abuse treatment facilities. We understand that this can be a challenging time, and we are here to support you on your path to recovery. Please be advised that any further drug test conducted by our company will be closely monitored to ensure accuracy and prevent any tampering or substitution attempts. It is important to adhere to our company's drug-free workplace policy to avoid further negative consequences of your employment. Once again, we want to emphasize the importance of maintaining a safe and drug-free work environment for all employees. If you have any questions or concerns regarding this matter, please feel free to contact the Human Resources department at [insert HR contact information]. Thank you for your attention to this matter, and we hope to see you take the necessary steps to address any substance abuse concerns. Sincerely, [Your Name] [Your Position] [Company Name]
New Mexico Sample Letter for Response to a Positive Drug Test - Employer
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FAQ
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.
