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How to handle failed drug tests caused by old prescriptions

November 2021 employment law letter
Authors: 
Eric Loman, Jackson Loman Stanford

Many employees, particularly those in safety-sensitive positions, are subject to random drug testing. Most policies account for drugs taken under a doctor’s order and valid prescription. Of course, that doesn’t mean an employee should be permitted to operate heavy machinery while under the influence of a prescription medication. For that reason drug policies generally provide under no circumstances may an employee be under the influence of certain medications, such as oxycontin, while on duty. But what happens when an employee tests positive for an opioid and produces a valid, legal prescription, but the prescription is several years old?

Vague policies can cause confusion

It’s possible the employee suffered an injury years ago and was prescribed oxycontin for intermittent pain but only needs to take a pill once or twice a year, in which case one bottle of pills might last a very long time. And maybe he took the medication for that specific injury the night before being called in for a drug test.

Or maybe the employee developed an opioid addiction when prescribed oxycontin years ago and has been taking narcotics illegally since then. Maybe he just happened to get called in for a drug test after taking it this time.

A drug policy that is vague about how long an employee can take medication without renewing the prescription may put you in a difficult spot. This was the predicament a sheriff’s office found itself in a few years ago.

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