A positive drug or alcohol test result is often treated as purely a disciplinary matter. While consequences are an important part of any testing program, organisations that focus exclusively on punishment miss a critical opportunity — and may actually increase their long-term safety risk.
Employees who test positive and are simply dismissed may be replaced by someone with the same issue who has not yet been detected. The underlying problem — substance misuse within the workforce — is not addressed. A comprehensive response that combines appropriate consequences with genuine support produces better outcomes for the individual, the team, and the organisation.
The Immediate Response to a Positive Result
The first few hours after a positive test result are critical. The employee is typically anxious, embarrassed, and uncertain about their future. The organisation’s response during this period sets the tone for everything that follows.
Immediate Steps
- Remove the employee from safety-critical duties. This is a non-negotiable safety measure, regardless of what support pathways are offered.
- Conduct the conversation privately. Protect the employee’s dignity. Only those with a legitimate need to know should be informed of the result.
- Explain the process clearly. The employee should understand what happens next — confirmation testing, stand-down arrangements, access to support, and the disciplinary process.
- Offer EAP referral immediately. Do not wait for the disciplinary process to conclude. Support should be available from the moment the result is known.
- Arrange safe transport home. The employee should not drive if there is any possibility of current impairment.
It is important that the person delivering this information has been trained to do so. A clumsy or insensitive approach can cause lasting damage to the employment relationship and to the employee’s willingness to engage with support services.
Understanding Employee Assistance Programs
An Employee Assistance Program (EAP) provides confidential counselling and support services to employees, typically funded by the employer. Most EAP providers offer short-term counselling (usually three to six sessions) covering a range of issues including substance misuse, mental health, relationship difficulties, and financial stress.
The EAP Referral Process
- Voluntary vs mandatory referral — In the context of a positive test, the referral may be mandatory as a condition of continued employment. This should be clearly stated in the drug and alcohol policy.
- Confidentiality — While the employer can require the employee to attend the EAP, the content of counselling sessions remains confidential. The EAP provider may confirm attendance but should not disclose what was discussed.
- Timing — The referral should be made within 24 hours of the positive result. Delay reduces the likelihood of engagement.
- Warm referral — Where possible, assist the employee in making the appointment rather than simply handing them a phone number. A warm referral significantly increases uptake.
Limitations of EAP
EAP services are a starting point, not a complete solution. For employees with established substance use disorders, three to six counselling sessions may be insufficient. The EAP counsellor can assess the severity of the issue and recommend further treatment — such as rehabilitation programs, specialist addiction services, or ongoing outpatient support — but the employer may need to consider whether to fund or facilitate access to these services.
Designing a Return-to-Work Program
A return-to-work (RTW) program provides a structured pathway for an employee to resume duties after a positive test result. It balances the organisation’s safety obligations with the principle of providing a fair opportunity for rehabilitation.
Key Components
- Formal agreement — A written RTW agreement signed by the employee, their manager, and HR. This should specify the conditions of return, monitoring requirements, and consequences of non-compliance.
- Negative test result — The employee should return a negative drug and alcohol test before resuming duties.
- EAP engagement — Evidence of engagement with support services, as confirmed by the EAP provider (attendance only, not session content).
- Modified duties — Depending on the circumstances, a graduated return to full duties may be appropriate. This might involve temporary redeployment from safety-critical roles.
- Timeline — A clear timeline for the RTW process, including review dates. Open-ended arrangements create uncertainty for everyone involved.
Monitoring Requirements
Ongoing monitoring is a standard feature of RTW programs. This typically includes:
- Follow-up testing — Increased testing frequency for a defined period (commonly 12 months). This may include unannounced tests.
- Regular check-ins — Scheduled meetings between the employee and their manager or HR to discuss progress and any concerns.
- Performance review — Monitoring work performance and attendance for signs of ongoing issues.
The monitoring period and its requirements should be clearly documented in the RTW agreement. The employee should understand that this is a condition of their continued employment and that a further positive result during the monitoring period will typically result in termination.
Balancing Support with Safety
Supporting employees who test positive does not mean compromising on safety. These two objectives are complementary, not contradictory.
- Safety is non-negotiable. An employee who tests positive should not return to safety-critical work until they have met all RTW conditions. No exceptions.
- Support is an investment in safety. An employee who receives genuine support and successfully addresses a substance use issue becomes a safer, more engaged member of the workforce. An employee who is simply punished and left to manage on their own remains a risk — whether in your workplace or someone else’s.
- Consistency matters. The response to a positive result should be consistent regardless of the employee’s seniority, tenure, or personal relationship with management. Inconsistent treatment undermines trust in the program and creates legal exposure.
Measuring Success
How do you know whether your support and RTW programs are working? Consider tracking the following metrics:
- RTW completion rate — What percentage of employees who enter the RTW program successfully complete it?
- Recidivism rate — What percentage of employees who complete the RTW program subsequently test positive again?
- EAP uptake — What proportion of employees referred to EAP actually attend?
- Retention rate — Are employees who complete the RTW program staying with the organisation?
- Time to return — How long does the average RTW process take? Is the timeline reasonable?
These metrics help the organisation evaluate whether its approach is effective and identify areas for improvement. They also provide evidence for board reporting and regulatory purposes that the organisation takes a balanced, responsible approach to substance misuse.
Getting the Balance Right
Every positive test result is an opportunity — to address a safety risk, to support an individual, and to demonstrate that your organisation takes its obligations seriously in all dimensions. The organisations that get this right retain skilled workers, reduce their risk profile, and build a culture where employees trust that the testing program is fair.
Need to manage the full lifecycle from positive result through to return-to-work? Start a free trial of FairTest and keep every step documented, compliant, and on track.