For decades, organisations have been in a position to test personnel and potential personnel for the presence of controlled/prohibited drugs in their systems. Failing a drug test commonly meant finding the pink slip, or becoming disciplined.
The unfavorable impacts of marijuana use have been nicely publicised. The sharp improve in marijuana-connected fatalities in legalised states such as Washington and Colorado have spurred organisations like the American Automobile Association to oppose legalisation.
Employers Have a Duty to Accommodate
Employers are necessary to go by way of a complete assessment with the employee who has the disability to identify attainable workplace restrictions and modifications to make sure that individual can perform in a protected manner. They are accountable for guaranteeing their employees can nonetheless carry out at perform.
This signifies permitting the employee to return to the similar position as just before, with the possibility of some tasks becoming exchanged for other folks. If that is not attainable, the employer really should transfer that individual to a position comparable in duties and wages, amongst other aspects.
Even so, an employer’s duty does not go so far as to develop an totally new tailored position. There will be a mix of give and take.
For some employers, the clear way to enforce a zero-tolerance policy toward marijuana use at the workplace is to conduct random drug testing. Even so, this is exactly where it gets difficult. As opposed to a breathalyzer test for alcohol, which yields precise final results for impairment.
There is no definitive way for employers to identify an employee’s level of impairment when it comes to marijuana. The difficulty with routine tests for marijuana is that there are a lot of false positives and negatives simply because marijuana can take a lengthy time to be metabolised out of a user’s program.
Balancing Wellness and Security
This duty does not let personnel off the hook. They cannot use this medication as an excuse to be impaired at perform. They’re not entitled to smoke it freely in the workplace and it does not give them the appropriate to unexcused absences.
This is an impairment drug, and each sides have an obligation to each and every other that permits absolutely everyone to perform safely and efficiently.
Security-sensitive positions such as forklift drivers and truck drivers, will be scrutinised far more substantially simply because impairment impacts security. The employer might will need to revisit and modify their workplace policies.
Employers are taking each affordable precaution to develop a protected perform atmosphere, and personnel have a duty to meet these security measures.
In light of current legalisation, there has been some evaluation of policy and strategic considering going on. Even if employers strategy on sustaining their pre-legalisation stance on marijuana, they would nonetheless will need to appear back at their policies as they usually prohibit the use of illegal drugs.
Employers ought to also choose on how sturdy a position do they want to take as a firm. If you are a security-sensitive or federal contractor, you might not have a option. Even so, for the other employers, mandatory drug testing sends out a clear signal across the board.
For these taking a far more liberal strategy, might want to communicate to workers that even even though it is legal to recreationally use marijuana. This signifies that becoming beneath influence at perform is nonetheless a no-go.