Scenario: We ask an employee to submit to a drug test due to reasonable suspicion of substance use on site. The employee refuses and, 2 days later, approaches us with a clean test done on the employee’s own time. Can we reject the second test and treat the employee’s initial refusal as a test policy violation?
Almost certainly yes.
The only possible exception would be if the drug testing policy specifically allows employees to refuse your test demands and control their own testing. But that’s highly unlikely given the employer’s need for control of testing to ensure a fair and honest result. The other problem, of course, is the timing. Even if the test result is accurate—and that’s a big IF—the negative result produced 2 days later doesn’t show the employee was clean at the time of the testing request.
Caveat: You’ll need to show that your suspicion of drug use on the site was reasonable and that you took the necessary measures to request the test under the testing policy. If so, you probably have grounds to discipline the employee for refusing to submit to testing at the time of the request.