In every workplace, a healthy and safe working environment must be maintained to achieve good results. That is why having background screening services before hiring a new employee is important. One of the screening processes, background check services Utah has, is drug screening. It is very important to pass a drug screening, but what if an employee fails to pass the test? What will happen to him/her?
To answer that, here are some steps employers should consider to ensure they respond consistently when employees don’t pass a drug screen.
1. Include a medical review process
Having an organized review process can help, as drug testing rules can get complicated because they may require medical knowledge and an understanding of applicable federal, state, and local laws. In addition, sometimes employees may have excuses for failing a drug test, like they ate too many poppy-seed bagels, accidentally picked up the wrong brownie at a party, or got stuck in a car with someone who was smoking weed. Sometimes they argue that the test is wrong and employers should consider how to handle these types of situations.
2. Determine what steps to take
For federal law, employers may need to follow the Fair Credit Reporting Act notice requirements if they have partnered with background screening services to obtain the results from a drug-testing lab. Some states also require employers to provide certain notices to workers when an adverse action will be taken based on a failed drug test. In some cases, the employee must be allowed to contest the results and allowed to retest. You can check out background check services Utah if you are within this state. In addition, in states where marijuana is legal, employers may need to follow specific guidelines before making an adverse employment decision.
3. Reasonable accommodation
An employer may be required to engage in an interactive dialogue with a worker to see if a reasonable accommodation can be made. This means that they don’t have to accommodate on-the-job impairment from marijuana or prescribed drugs, but off-duty use may be protected, depending on the employee’s location, circumstances, and job. They should be mindful of the issues and might go a long way in preventing unwanted litigation. The important thing is that employers must communicate their policies that they will engage in a reasonable accommodation process where marijuana or prescribed drugs are at issue.
4. Disciplinary Actions
Should the employers fire or refuse to hire workers if a reasonable accommodation can’t be made? Some companies have stopped testing for marijuana or ignored initial positive tests when the employee’s job is not safety-sensitive, but they should have a comprehensive drug-free workplace policy and drug testing procedures that are followed consistently in all circumstances.
For background screening checks, check out IntelliShield. Our employee screening has the depth to satisfy the needs of any organization. We also have tenant screening that is easy, fast, and accurate background checks to ensure your rental decision with prospective tenants.