Drug testing is a norm in the hiring process that has helped employers across industries to mitigate their risks of liability, cost, productivity, and general employee well-being. This background check is unlikely to change anytime soon, especially in sports, construction, manufacturing, automotive, and other sectors where safety is paramount.
The most daunting question is, will the widespread legalization of marijuana for recreational and medicinal purposes affect employer drug screening? This blog critically addresses this controversial topic and enlightens employers on how to handle the situation.
Can Employers Continue Drug Testing For Marijuana in the Workplace?
The direct answer to this controversial question is yes. The Drug-Free Workplace Act of 1988 dictates that not all workplaces require drugs and alcohol tests for various drugs, including marijuana. However, employers have the right to conduct the screening if they find it necessary.
But what can happen when you fail the test? The decision lies in the hands of the employers. They can decide to hire you but work under probation or fire you if they feel your test results threaten workplace safety. Thus, widespread marijuana legalization does not affect the employer’s random drug testing policy.
Workplace Safety is Still a Priority
A non-profit Institute for a Drug-Free Workplace insists that the effects of marijuana on employees in the workplace are lower productivity, increased absenteeism, lower morale, and increased injuries and accidents. These findings were backed by a study report by the Drug-Free America Foundation, which found that marijuana users have approximately 85 percent chance of causing accidents and injuries in the workplace compared to the 15 percent chances of non-users.
Whether workplace safety is compromised due to employees’ carelessness or drug influence, the employers and the firm will be held responsible. Employers should have a clear position on marijuana tests and their use in the workplace or be branded negligent. Thus, despite the widespread legalization, employers should set up and emphasize drug testing policies to safeguard the workplace and its occupants.
Employee Drug Testing Laws in Sugar Land, TX
In 2015, Texas Governor Greg Abbott signed the Texas Compassionate Use Act, which legalized low-THC cannabis to treat intractable epilepsy. The legislation sparked the use of cannabis in medical programs in Sugar Land and Texas as a whole, but it remains illegal for recreational use. The program was expanded in June 2021 to diagnose cancer and post-traumatic stress disorder (PTSD), which required an increased THC cannabis concentration.
The medical legalization in Texas has not changed anything to the random drug testing policy. Employers are vested with the right to devise and modify drug testing policies to suit their organizational requirements. It is their responsibility to create and maintain a drug-free workplace to ensure the safety of the station and its occupants.
Employer Rights Surpass Legalization Laws
Some state courts have guided the random drug testing policy and marijuana use in the workplace, while others have not. The verdicts and interpretations appear unclear and conflict with each other. For instance, the Colorado Supreme Court ruled that the employer can fire an employee for testing positive for marijuana, even if the use was in compliance with Colorado’s marijuana medical law.
Despite the legalization of the possession and use of marijuana in some states on medical and recreational grounds, the drug testing policy and decision rest on the employers. When vetting candidates or employees, employers need to re-examine and modify their drug testing policy.
We live in a world where unemployment and retaining top-notch talents in the workplace has become a menace. Thus, employers should consider other key factors such as employees’ attendance records, performance reviews, disciplinary history, and other track records before making employment verdicts on employees who test positive for marijuana.
Employee Drug Testing in Sugar Land, TX
It would be employer negligence to let the company shrink due to the effects of drug abuse. At ARCpoints Labs of Sugar Land, we have professionals with profound experience to offer reliable and accurate drug testing services. Contact us today to schedule your services or learn more about drug testing.