It's possible, and Orton was likely considered inactive. I'm sure there are loopholes that can always be used to look the other way when they want to
The loophole is "How many dollars do you draw for the company" lol. They had to come down heavy handed when the Benoit thing happened and for some time after. Can't say I remember the last time a guy got suspended for steroids. Quite a few for drugs, but don't recall the last steroid violation.
Brock was under contract with the WWE and failed a UFC test, and nothing happened. If I'm not mistaken, either Hardy or Orton had a third failure and that was when the "Wellllll failures can fall off after a certain amount of time" stipulation came about.
I'm guessing if they do still test and enforce, they don't test when you're away, and may even give a "Hey we wont be testing you when you're gone *Wink wink*" speech.
Little bit different because he was fired and not under contract, but it's laughable that they played up Jinder Mahal's body transformation when he was gone, like his puffy titties weren't screaming "GYNO" every time he was shirtless in the ring.
I'm suspicious of Drew while he was gone, too...