Drug testing -4 WC Blog 555
Employment Drug Screening -3
Even Though States May Legalize Marijuana Employers Can Use Drug Testing To Screen Out Drug Users
For many employers drug testing is an important tool used to keep the workplace safe due to accidents and to minimize their risk of theft and fraud. Employers were able to refuse to hire an applicant when results from an employment drug screening returned with positive results for drug use. Today, there are 29 states that have legalized “medical marijuana”. According to businessinsider.com there are 9 other states that have legalized what is referred to as recreational marijuana. Despite the fact the drug is still illegal under Federal law, there are legal issues that have to be considered with respect to employers, employees and marijuana. If a state has chosen to make recreational use of marijuana legal if a person decides to use it, can that person be denied employment if it shows up in an employment drug screening?
Let’s take a moment to talk about pre-employment drug testing. Prior to extending a job offer to a candidate an employer may require that applicant to undergo a drug test. These tests may require a urine sample (the most common), blood sample, hair sample or body fluid from a mouth swab. The applicant usually goes to a testing/collection site and in a controlled environment provides the sample. Steps are taken by the agency to minimize the opportunity for tampering with samples. Testing is conducted and results of the test sent back to the employer. If a test is returned and indicates the applicant is or has used drugs the employer may choose to not hire the candidate. I have seen appeal processes where candidates may be provided an opportunity to present evidence that the results are faulty or they were taking a prescribed medication under the care of a doctor. There may be times when a test sample comes back “inconclusive” and the employer may require the candidate to undergo another test. There is no requirement I could find that an employer has to hire someone whose drug test returns positive.
Now with so many states making some variations of marijuana use legal the question is raised whether employers have to accommodate those who choose to use marijuana or other drugs when they are not on company time. Let’s be honest alcoholic beverages are not allowed to be consumed in the majority of businesses by employees but are not restricted when the employee is not at work. That is, as long as the employee does not report to work under the influence of alcoholic beverages. I took a look at one website that is clearly supportive of legalized marijuana and they warn their readers that businesses have the right to drug test. Not only that, they acknowledge that employees who test positive may be fired for drug use. On the cannabist.com they post a story, “Five things for employees to know in states with marijuana laws” by Bob Salsberg, the associated press, Dec 1, 2016, “Bottom line: You can’t come to work high. And you can still be fired – or not hired – for failing a drug test even if you’re not the least bit impaired at work. All the states with legalized recreational pot have exemptions for workplace drug policies.” The point is clear you, the employer, have rights and you don’t have to hire or retain someone who chooses to use drugs. For the time being employment drug screening is afforded protection by the judicial system.
Can employers count on the courts to continue to protect their right to continue drug testing of potential employees or those who are already on the payroll? For marijuana it may not be the case. In a White Paper “What Will Legal Marijuana Cost Employers?” written by Sue Rusche and Kevin Sabet, PhD, the authors state on page 14, “There is no doubt employers will face increasing litigation costs as employees try to assert their rights to use marijuana on the job or after hours, even though research suggests they may be impaired at work the next day.” Impaired workers are more prone to having accidents that harm themselves or potentially others (customers or other employees). Accidents cost the employer money whether it is through a workman’s comp. claim or having to pay for the costs of treatment for a customer. It is an unnecessary expense that hurts the bottom line to your business.
Bill Bregar, founder of Loss Prevention Systems Inc. knows the high costs for retailers in hiring drug users and addicts. Theft issues, safety concerns, lost time from work are just a few of the problems associated with drug use. In order to assist businesses in remaining profitable Loss Prevention Systems Inc. offers drug testing services for employers. The battle over legalized marijuana may go on for some time but you still have rights. Use employment drug screening to keep your business safe.
Drug testing is important and we can help you with it. Call 1.770.426.0547 and let’s talk.
For many employers drug testing is an important tool used to keep the workplace safe due to accidents and to minimize their risk of theft and fraud. Employers were able to refuse to hire an applicant when results from an employment drug screening returned with positive results for drug use. Today, there are 29 states that have legalized “medical marijuana”. According to businessinsider.com there are 9 other states that have legalized what is referred to as recreational marijuana. Despite the fact the drug is still illegal under Federal law, there are legal issues that have to be considered with respect to employers, employees and marijuana. If a state has chosen to make recreational use of marijuana legal if a person decides to use it, can that person be denied employment if it shows up in an employment drug screening?
Let’s take a moment to talk about pre-employment drug testing. Prior to extending a job offer to a candidate an employer may require that applicant to undergo a drug test. These tests may require a urine sample (the most common), blood sample, hair sample or body fluid from a mouth swab. The applicant usually goes to a testing/collection site and in a controlled environment provides the sample. Steps are taken by the agency to minimize the opportunity for tampering with samples. Testing is conducted and results of the test sent back to the employer. If a test is returned and indicates the applicant is or has used drugs the employer may choose to not hire the candidate. I have seen appeal processes where candidates may be provided an opportunity to present evidence that the results are faulty or they were taking a prescribed medication under the care of a doctor. There may be times when a test sample comes back “inconclusive” and the employer may require the candidate to undergo another test. There is no requirement I could find that an employer has to hire someone whose drug test returns positive.
Now with so many states making some variations of marijuana use legal the question is raised whether employers have to accommodate those who choose to use marijuana or other drugs when they are not on company time. Let’s be honest alcoholic beverages are not allowed to be consumed in the majority of businesses by employees but are not restricted when the employee is not at work. That is, as long as the employee does not report to work under the influence of alcoholic beverages. I took a look at one website that is clearly supportive of legalized marijuana and they warn their readers that businesses have the right to drug test. Not only that, they acknowledge that employees who test positive may be fired for drug use. On the cannabist.com they post a story, “Five things for employees to know in states with marijuana laws” by Bob Salsberg, the associated press, Dec 1, 2016, “Bottom line: You can’t come to work high. And you can still be fired – or not hired – for failing a drug test even if you’re not the least bit impaired at work. All the states with legalized recreational pot have exemptions for workplace drug policies.” The point is clear you, the employer, have rights and you don’t have to hire or retain someone who chooses to use drugs. For the time being employment drug screening is afforded protection by the judicial system.
Can employers count on the courts to continue to protect their right to continue drug testing of potential employees or those who are already on the payroll? For marijuana it may not be the case. In a White Paper “What Will Legal Marijuana Cost Employers?” written by Sue Rusche and Kevin Sabet, PhD, the authors state on page 14, “There is no doubt employers will face increasing litigation costs as employees try to assert their rights to use marijuana on the job or after hours, even though research suggests they may be impaired at work the next day.” Impaired workers are more prone to having accidents that harm themselves or potentially others (customers or other employees). Accidents cost the employer money whether it is through a workman’s comp. claim or having to pay for the costs of treatment for a customer. It is an unnecessary expense that hurts the bottom line to your business.
Bill Bregar, founder of Loss Prevention Systems Inc. knows the high costs for retailers in hiring drug users and addicts. Theft issues, safety concerns, lost time from work are just a few of the problems associated with drug use. In order to assist businesses in remaining profitable Loss Prevention Systems Inc. offers drug testing services for employers. The battle over legalized marijuana may go on for some time but you still have rights. Use employment drug screening to keep your business safe.
Drug testing is important and we can help you with it. Call 1.770.426.0547 and let’s talk.
