Q: Can I give an employee who tests positive for drug use a second chance?
A: If not subject to regulations requiring otherwise, an employer can decide to give an employee another chance. Employers who drug test often condition this “second chance” on the employee’s agreement to be tested over a period of months during which he or she must not test positive again. Employers who retain employees after they have tested positive expose themselves to negligence liability if the employee subsequently hurts someone while impaired at work. Employers should examine the work performed by the employee to assess the risk they are taking on by giving the employee another chance.