Navigating Drug Testing Policies in the Age of Legalized Medicinal Marijuana
With the recent legalization of medicinal marijuana in many states, companies are faced with the challenge of updating their drug testing policies to reflect contemporary realities. This article explores how organizations are adapting to this change and the implications for both employers and employees.
The Evolution of Drug Testing Policies
Smart companies have long recognized that drug testing is not ushered in by changes in drug policies. As in, if employees aren't high or smoking at work, employers are generally fine. This is equally true for alcohol. As long as workers are not intoxicated or drinking on the job, employers usually don't care. It's time for the rest of the companies to join the modern world.
According to a survey by Sig?ng, a significant portion of employees use medicinal marijuana. While some companies are still horror-struck at this revelation, it's important for them to understand that the majority of employees can be trusted as long as they maintain professionalism and job performance.
Employment Policies in the U.S.
The majority of American employment is on an at-will basis, which means companies retain the right to drug test their employees as long as they have a legitimate reason and follow proper procedures. However, if a company engages in any business with the Federal Government, the Drug Free Workplace Act requires them to adhere to strict drug-free workplace policies, meaning they cannot avoid drug testing.
Company-Specific Policies
The specifics of drug testing policies will vary from company to company. Those with federal government contracts or any federal connection will likely be required to follow federal drug testing regulations, even if medicinal marijuana is now legal in their state. These companies must ensure compliance with 10-panel screenings to meet federal requirements that still consider cannabis an illegal drug.
For other companies, the decision on whether to implement drug testing for employees using medicinal marijuana is left up to the individual corporate policies. While some companies may continue with the same policies they have now, others may take a more aggressive stance, primarily due to a misunderstanding of the effects of marijuana compared to alcohol.
Impact on Workplace Productivity and Safety
Many companies whose employees operate heavy machinery, are in public-facing roles, or work in industries where safety is paramount, may need to maintain strict policies to ensure that employees are not under the influence of marijuana. The effects of marijuana are generally temporary and similar to those of alcohol, affecting job performance and safety in a similar way.
For companies where unimpaired performance is essential, such as manufacturing, transportation, and construction industries, drug testing policies are likely to remain stringent. These companies may require more comprehensive testing methods to ensure the safety and efficacy of their workforce.
Conclusion
As medicinal marijuana becomes legal in more regions, companies are facing a period of adjustment in their drug testing policies. While the primary goal remains to maintain a safe and productive workforce, companies must balance this with legal and ethical considerations. It is crucial for employers to engage in open dialogue with their employees to understand the implications and ensure a fair and inclusive work environment.
To stay informed and compliant, companies should regularly review their drug testing policies and stay updated on the latest legal and regulatory changes related to medicinal marijuana. This will help them navigate the changing landscape and maintain a healthy and productive workplace.