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  • Writer's pictureSchatz & Stancu

What to Do if You Fail a Drug Test

Updated: Jan 6, 2021

Drug tests, random or planned, can be a nerve-wracking experience. Aside from the legal complications that may arise it can also affect your livelihood if you lose your job. While these fears are perfectly reasonable and understandable, by arming yourself with a little knowledge and adequate legal representation you’ll be prepared to fight them.

Workplace Testing Laws

The main reason as to why you must know of a reliable Bucks County drug crime lawyer is because of the state’s laws for drug testing in the workplace. That’s because there is currently no single, specific drug testing law. The requirements, restrictions, and outcomes of cases related to failed drug tests instead are based on the rights in the workplace (for both employers and employees), the type of drug, and the reason that the drug was used.

It’s also important to note that these laws affect not only employment but pre-employment drug testing. There is also no law stating which substances can or can’t be tested for, and no laws regulating what kind of drug testing can be done. Aside from urine samples, blood samples or hair may also be used.

Employer Rights

Employers can’t legally test someone before a job has been offered, but they can require all new employees to undergo testing as part of the pre-employment stage. They are also allowed to prohibit the use of illegal drugs and alcohol in the workplace. Not only can they terminate you for failing a drug test, they terminate employment for anyone who is using substances at work or working while under the influence of substances. However, the employer may be held liable if the employee they fire is legally allowed to use the substances they tested positive for. Employers can also expect employees who are struggling with drug or alcohol addiction to perform at the same standards set for those who are not facing addiction troubles.

Employee Rights

A common concern voiced is whether or not someone can still be eligible for worker’s compensation after failing a drug test. While state law doesn’t require you to take a drug test for worker’s compensation your company's policies may require it. Failing a drug test can be used as a reason to deny compensation. However, your criminal defense lawyer based in Southampton can help you prove that the drug usage was not related to the accident, which means you’re still eligible. If the drugs were not administered within eight hours of the accident or the accident was not related to your performance, such as breaking a limb because someone else mishandled equipment, then it can’t be used to deny you compensation.

Another common concern is the substances taken for medical reasons. If you have a qualifying condition for medicinal marijuana and are using it under the care and supervision of a medical doctor, you are protected so long as you act within the restrictions set in place (not growing marijuana, not using edibles, etc). Other drugs such as opiates are also protected if they are being used for medical reasons under the care and supervision of a medical doctor.

Fight for Your Rights

Pennsylvania is lacking in many drug laws, which makes it very difficult to build a case if you’ve failed a drug test. If you contact the office of Schatz and Stancu, we can bring your case to court and make sure you’re properly compensated. If you feel your rights have been violated after a failed drug test, contact us right away and we’ll work hard to give you the justice you deserve.

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