Pre-Employment Drug Testing Laws Explained
It can be difficult for hiring managers to stay up-to-date on employment drug test laws. Find out how to remain compliant, consistent, and fair in your hiring practices.
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Lauren Woodyard
9 min read
For employers, drug testing is an important part of the hiring process and maintaining a safe, productive workplace. However, interpreting pre-employment drug test results can be challenging. With the right knowledge, employers can implement an ethical drug testing program that keeps workplaces safe while also upholding employee rights.
This guide will explain what’s included in different employment drug testing panels, how the tests work, how to properly read and understand drug screen results, and what to consider if a candidate has a positive result.
To best understand how to read drug test lab results, you also need to know what was included in the test. Each drug that is tested has a detection window, which is the length of time a drug remains in a person’s system and can be detected on a test.
A negative result indicates the lab found no presence of the drugs or metabolites tested for, or only found trace amounts below the designated cutoff threshold. This means the specimen “passed” the drug test. However, a negative result does not necessarily mean drug use hasn’t happened recently, since detection windows vary per substance. These detection windows range anywhere from a few hours (alcohol or heroin metabolite) to several days and weeks (benzodiazepines, PCP, and marijuana if used chronically).
A positive drug test result means the lab detected the presence of a particular drug or metabolite at or above the cutoff concentration established for that substance. However, a positive result does not provide details like how much of the drug was taken, precisely when it was ingested, whether the person is still impaired, or if it was illicit versus prescription usage.
While a positive drug test confirms the presence of a substance, it does not provide context around:
Cut-off levels on drug screens refer to the minimum drug concentration of a substance that will trigger a positive result. Understanding the cut-off level helps employers better interpret drug test results.
Lower cut-off thresholds make tests more sensitive, leading to a greater chance of false positives because of trace amounts of a substance (such as OTC painkillers or sleep aids). Higher cut-off thresholds decrease false positives but tend to allow more low-level drug use to go undetected.
For initial urine drug tests, common cut-off levels are 50 ng/mL for THC, 300 ng/mL for cocaine, and 2,000 ng/mL for amphetamines. Confirmation tests using the industry standard GC-MS test use lower 15/150/500 ng/mL cut-off levels to validate positive results. Knowledge of the cut-off levels chosen by your lab can help in proper analysis of the results.
False positives occur when a substance in the specimen is chemically similar to the target substance. These “imposter” substances can be byproducts of prescription or over-the-counter medicines, such as allergy medications and sleep aids; dietary supplements, such as methylhexaneamine and synephrine; and even certain foods, such as coca tea and hemp seeds.
Employment drug tests screen for a variety of legal and illicit substances depending on your workplace drug testing policy and the substances you wish to detect. These tests are offered in “panels,” which each screen for a specific number of substances. The most common panels are the 4-panel, 5-panel, 8-panel + MQL, and 10-panel drug tests, which include:
* Quick Test is available, however it excludes Methaqualone (MQL) and tests for Methamphetamine in its place.
Understanding the specific substances included in each panel allows for proper test preparation and accurate interpretation of results. Being aware of what is screened also enables candidates and employees to disclose any prescription medications ahead of time to avoid potential false positives.
There are several methods used to perform drug tests for employment purposes. Drug-testing laws vary from state-to-state, so certain testing methods may be prohibited in some states. The five most common samples include:
When employers receive positive drug screen results from an employee or candidate, the appropriate next steps should be considered to maintain compliance with applicable laws. Before taking any action, you should review your company’s drug testing policy and follow those guidelines for next steps.
Federally, the Civil Rights Act of 1964 prohibits employers from selecting individuals for drug testing based on protected classes, such as race, religion, or national origin. The Americans With Disabilities Act of 1990 prohibits discrimination against job candidates based on previous drug use or enrollment in a rehabilitation program. It also makes it illegal to single out people for drug testing because they appear to be under the influence. Behavior that seems to be substance-induced may be related to a disability, illness, or medical condition.
Drug screening is considered a type of employment background check and therefore the requirements of the federal Fair Credit Reporting Act (FCRA) also apply. These regulations ensure that candidates and employees have the right to review the results and dispute any errors and be made aware when those results are used in decisions about their employment.
Employment drug testing laws vary from state to state but can often guide next steps for a candidate or employee’s positive drug test result. For example, false positives may impact results and some states allow candidates to explain a positive test result within an allotted number of days.
Interpreting drug test results and making fair employment decisions requires an understanding beyond a “positive” or “negative”. Partnering with a background check provider that offers drug testing can help streamline logistics, simplify results analysis, and support compliance.
GoodHire offers multiple drug screening options, each with review and verification from a Medical Review Officer to ensure the highest possible accuracy. We also offer other screening options to help you create a comprehensive background check program. Get started.
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
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As GoodHire’s Content Marketing Manager, Lauren develops resources to educate on employment screening best practices and compliance. She also writes about GoodHire’s platform and company news.
It can be difficult for hiring managers to stay up-to-date on employment drug test laws. Find out how to remain compliant, consistent, and fair in your hiring practices.
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