Cannabis Drug Testing Rules At Workplace Still Not Clear

[Katelyn Baker]

Since voters in California, Maine, Massachusetts and Nevada approved recreational marijuana in the November 2016 polls, employers in these states have faced the same question as companies in Alaska, Colorado, Oregon and Washington are asking: what to do about drug screening for tetrahydrocannabinol (THC) on the job?

A recent survey published by the Mountain States Employers Council polled more than 600 Colorado businesses and found job screening for marijuana has declined over the past two years. It showed that 7 percent companies dropped the drug from pre-employment tests, and 3 percent removed it from the drug tests.

To comprehend the change in this direction, one needs to understand the viewpoint of human resource professionals across the states that have decriminalized cannabis in some form.

• "We're in an interesting time when there's a culture clash between individual rights and the rights of an employer to govern its rules of conduct and its expectation with regards to employees," said New Hampshire labor and employment attorney Jim Reidy.
• Applicants asked to take a drug test, including marijuana screening, often walk out, according to Edward Yost, a human resources business partner with the Society for Human Resource Management.
• Labor officials and employers attest — different from alcohol and opiate screens — it's more difficult to assess impairment from marijuana use; there is no marker to know the amount in the bloodstream, and THC can linger in the body well after use.
• "With unemployment so low, [companies] simply cannot afford to rule anybody out just because they smoke marijuana on a Friday night." said Curtis Graves, an attorney with the Mountain States Employers Council, adding, "They may prefer a zero-tolerance approach. From a business perspective, they just can't afford to be as choosy now."
• More and more companies are choosing not to test because it can be a waste of revenue if there is a lot of turnover. Yost said companies that randomly conduct the test risk losing a top producer "That's a risk some employers aren't willing to take."

Different concepts in different states

It's a common misconception among recreational marijuana users that the passage of the law in each state are like diplomatic immunity. To be clear, new legislations for adult recreational use "will protect you from prosecution; however, it doesn't protect your job," Yost said.

According to the Occupational Health & Safety, "So far, courts have ruled that employers may take action under their substance abuse policy if an employee tests positive for marijuana, even if the drug is being used for medical purposes away from the workplace under state law. However, some newer medical marijuana laws offer additional employee protection and these laws have not yet been tested in court."

Indeed, employers need to be mindful about state medical marijuana laws to avoid discriminating against those who need it, nevertheless, there is no federal requirement to accommodate under the federal Americans with Disabilities Act.

• California has a "compassionate use" law, permitting residents to use marijuana for medical reasons, and yet the California Supreme Court upheld that an employer can refuse to hire an applicant who tests positive for marijuana, even if the drug is prescribed for a disability.
• In Maine, state labor officials are planning to provide courses on recognizing marijuana impairment in the workplace, according to the Press Herald.
• Colorado, one of the pioneers of recreational marijuana, continues to see cases like the one in 2015, wherein Dish Network lawfully fired a medical marijuana patient even though he testified to being clean on the clock.
• Massachusetts Attorney Adam Fine, who advocated for cannabis legalization, explained to the Boston Globe that employers are on solid legal ground if they fire an employee for testing positive for using marijuana on or off the clock.
• Washington employees have frequently challenged employer drug testing policies in court and the state law appears to give employees new grounds to do so, according to criminaldefenselawyer.com. "Employers who aggressively police legal, private, off-the-job activity by employees are inviting lawsuits. Some unions may also push back against employer efforts to regulate members' recreational activities."

According to labor advocates, businesses should focus on updating their policies to highlight that workers cannot show up impaired or use the marijuana on the job — particularly those running heavy machinery, in transportation or handling money.

Seeking treatment

Employees who find they are regularly still in a cloud of impairment while heading into work and crave marijuana use as the clock winds down to the end of their shift may need to seek help. Sovereign Health offers treatment for marijuana addiction and accepts most employers' private insurance for inpatient or outpatient treatment. We have facilities nationwide and make provisions for tailored treatment to each person so they can enjoy lasting wellness.

News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Cannabis Drug Testing Rules At Workplace Still Not Clear
Author: Staff
Contact: Sovereign Health
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Website: Sovereign Health

 

[Medic1]

I do not advocate being under the influence during working hours by either cannabis or alcohol. So much for the martini lunch bunch. Anyone that has any real experience with either can tell just by looking at another whether or not they are indulging. As for cannabis addition, it is basically mental and has little to do with physical elements other than relief from other ailments. Alcohol is used much in the same way but to a further extent. How many times have you gone to work with a hangover?