Dive Brief:
- The legalization of marijuana in some states has made creating effective drug policies a serious challenge.
- New guidance is available in the form of a report called“ Marijuana in the Workplace: Guidance for Occupational Health Professionals and Employers,” published by The American College of Occupational and Environmental Medicine and the American Association of Occupational Health Nurses, HRMorning reports.
- The purpose: help employers cope with ever-changing pot laws—and create legal (while still effective) workplace drug policies.
Dive Insight:
More than half of states permit marijuana use in some form, so managing a workplace drug testing policy is getting tricky. Plus, marijuana is illegal under federal law so employers who fire or refuse to hire employees for using marijuana are not in violation of the ADA—or any other federal anti-discrimination statute.
On the other hand, the ACOEM report says “… some states limit employer action against workers who use marijuana according to state standards.”
Of course, jobs that involve employee or public safety require no impairment, so safety is one area where employers are on solid ground with drug testing. Otherwise, it's uncharted waters. The ACOEM report offers several strategies witin a checklist for employers to use, including issues such as the purpose/intent of the drug testing policy, employees covered by the policy, and when the policy applies, among other critical things to ponder.
