Other considerations when implementing drug testing; Drug-testing resources. Why do . including marijuana, cocaine and amphetamines/methamphetamines. The ongoing debate on legalizing marijuana and its effect on the workplace has brought major concerns for employers. Marijuana and employee and applicant drug testing, laws and disabled and have created laws taking this type of disability into consideration.
THC and Drug Considerations Test
Twin Rivers Paper Company. In Bourgoin , a former paper mill employee, Bourgoin, sued to have his former employer pay for his medical marijuana. He then turned to medical marijuana, which he found effectively managed his pain.
However, no matter how it is decided, the conflict of state and federal law remains. Senate, senators are trying to take steps to reduce the legal conflict. Marijuana is legal in both Massachusetts and Colorado, which the senators respectively represent. Thus, for employers, the horizon remains cloudy. Employers should establish a written drug-free workplace policy DFWP that articulates the requirements and expectations of employees regarding substance use and impairment while in the workplace.
When drafting DFWPs, it is recommended that employers focus on prohibiting employees from being impaired due to marijuana use while working instead of focusing on marijuana use itself. By focusing on impairment instead of use, employers will minimize the likelihood they will run afoul of state lawful use laws. Also, DFWPs should require employees to report any medical-related marijuana use to the employer so that the company can determine whether they need to make a reasonable accommodation while the employee is using.
As part of DFWPs, employers must decide whether they are going to engage in drug testing. Employers that do not face significant safety and health risks from impaired employees may decide the risks of drug testing outweigh any potential benefits.
For employers facing significant safety and health risks, however, drug testing is imperative. Each employer must engage in its own cost-benefits analysis to make this determination. If an employer has decided to drug test, they must then decide when they will be conducting drug tests.
Generally, most private employers have a fair amount of latitude in implementing drug testing as they see fit for their organization, unless they are subject to certain Federal regulations, such as the U. While private employers are not required to follow these guidelines, doing so can help them stay on safe legal ground. Court decisions have supported following these guidelines, and as a result, many employers choose to follow them. They also identify the five substances tested for in Federal drug-testing programs and require the use of drug labs certified by SAMHSA.
An employee or applicant provides a sample to be tested. Usually precautions are taken, such as putting blue dye in the toilet and turning off the water supply, to prevent adulteration or substitution of specimens so that collection can be completed in privacy without any direct visual observation by another person.
The accuracy of drug tests done by certified laboratories is very high, but this certification applies only to the five substances tested for in Federal drug-testing programs and alcohol. It is only at this point that the MRO may report a positive test result to the employer. Certain medications can sometimes cause a positive result. If this is the case, and a doctor prescribed the medicine and the employee used it in the proper amount, the test is reported as negative.
Who is allowed access to the results of a drug test? The result of a drug test may be considered personal health information. This is why employees who undergo a drug test generally must sign a release usually at the time of the test in order for their employer to receive the results.
For more information about issues related to the release of health information, contact DHHS. There are a variety of circumstances under which an organization may require a drug test. Following are the most common or widespread: What are the different methods of drug testing? To minimize any risk that an employee may bring a viable legal claim resulting from the termination of employment or rescission of a conditional offer of employment due to a positive drug test, employers should consider the following: As recreational use becomes more prevalent in Massachusetts, in light of the Marijuana Act, talent pool considerations may favor loosening drug-testing policies, at least for certain positions.
Multistate employers should update employee handbooks with particular emphasis on any changes made to their drug-testing policies and decide whether they plan to standardize testing across the company or enact carve-outs for recreational marijuana states.
Notwithstanding the above, because health care employers in particular face safety issues and high risks associated with patient care, those considerations may weigh in favor of enforcement of zero tolerance and standardized testing policies — particularly with respect to recreational marijuana — in patient-care and other safety-sensitive positions. Employers in highly regulated industries, such as health care and transportation, should be aware of additional regulations that govern drug testing in their industries.
Drug-testing policies should make clear that on-the-job marijuana consumption or being under the influence of marijuana remains against company policy.
Further, employers wishing to prohibit off-duty or off-site recreational consumption should expressly state that such conduct may result in discipline or termination of employment.
Marijuana Use Is Becoming Legal. Is Your Company Prepared?
Oral fluid testing has become a popular method for detecting the presence of illegal drugs due to its speed of collection and ease of use. This is. Drug testing for teenagers or college students can be a useful tool, especially Confirmation tests can monitor the specific THC levels over time and indicate. Depending on how much you smoke (along with many other considerations), it's possible to fail a THC urine test, and possibly a saliva one as.