Jacob Redmond
Well-Known Member
As more states legalize marijuana, businesses and employees are scrambling to determine the effects on workplace drug testing.
"I think with broader acceptance of marijuana, employers are indeed testing more. They're not capitulating," said Jim Reidy, a New Hampshire attorney who practices in the areas of labor and employment law in several states.
Although opiates and Oxycodone are becoming more prevalent, marijuana has long been the leading drug detected in the workplace, from pre-employment drug screens to after-accident tests. And the prevalence is expected to grow as more states legalize it.
Ohio businesses could find themselves fielding questions and scrutiny from employees about marijuana within a year or two. At least five groups are working to place a marijuana initiative up for Ohio voters. Two of the groups have had ballot language approved by the Attorney General and are collecting the requisite signatures.
According to a recent analysis by IBISWorld, marijuana industry revenue is expected to rise annually by 30 percent during the next five years, reaching $13.4 billion. That anticipated growth is steeped in increased daily use, which the National Survey on Drug Use reported increased from 5.1 million people in 2007 to 8.1 million in 2013.
Dr. Jeff Hill, a medical review officer at Adena Occupational Health in Chillicothe, reviews non-negative drug tests from across the nation. His job is to contact the person to determine if there is a legitimate reason the test wasn't negative, such as a prescribed medication.
"No law says I can't go to Michigan and get treatment with marijuana for cancer ... It's going to be very complicated as we move forward," Hill said.
Recently, he was following up with a Jackson man who had recently moved from Colorado, where both medical and recreational marijuana is legal. The man said he hadn't smoked marijuana since moving, but it didn't matter — the employer rejected him because he tested positive.
That response is not unusual, even in states where marijuana has been legalized. More than half of 3,119 human resource professionals surveyed reported they do not accommodate marijuana use, according to HireRight's 2015 Employee Background Screening Benchmark Report.
So far, most employers have been in a strong position to defend their employment decisions concerning marijuana since it is still illegal under federal law, Reidy said.
Judy McTigue, plant manager at heavy-truck manufacturer Kenworth in Chillicothe, fielded some questions from employees about marijuana when she was working with the company in Washington, the first state to legalize recreational marijuana in 2012.
"It changes nothing," she said. "We're regulated at the federal level as an employer."
It's not necessarily that simple, said Reidy, who also is the legislative director of the New Hampshire Society for Human Resource Management State Council and recently spoke at a national human resources conference about marijuana and its affect on business.
"Right now, the current test doesn't get to current impairment," Reidy said.
Unlike alcohol, which takes just hours to dissipate from a person's system, THC in marijuana can remain detectable for days or weeks after use. The science isn't there to provide for current impairment via a test in the way it is for alcohol, Reidy said.
"The employer has a much stronger position if (the person is) in a safety-sensitive position," Reidy said.
While maybe that isn't as much of an issue for employers when it comes to someone using marijuana recreationally in a state where it's legal - there are employers who won't hire cigarette smokers - if the use is for prescribed medical use, it's a little less clear.
According to the human resources managers surveyed by HireRight last year, only 4 percent said they had a policy to accommodate medical marijuana use and another 6 percent intended to implement such a policy within a year.
Although 23 states and the District of Columbia have legalized medical marijuana, Reidy said people challenging employer decisions about their medical marijuana use are really just starting to hit courtrooms.
"It's an unresolved issue right now," he said.
The big case people are watching, Reidy said, is in the Colorado Supreme Court: Coats v. Dish Network. A man who is quadriplegic is contesting being fired due to his medical marijuana use. Courts so far have found for the employer and the Supreme Court's decision, expected sometime this year, will determine whether employees have any protection for their use of medical marijuana.
So what should concerned employers do to prepare in case one of the marijuana initiatives ends up approved by Ohio voters?
"It's really convoluted," said Dee Mason, founder of Mansfield-based Working Partners, a drug-free workplace consulting firm.
She recommends businesses get involved now, get educated on the issues and be an active part of the discussion before a ballot initiative is passed. Mason also suggested talking with your employees early on expectations and the business' stance on the initiative.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Will pot legalization change workplace drug testing?
Author: Jona Ison
Contact: jison@Gannett.com
Photo Credit: None Found
Website: Bucyrus Telegraph-Forum | BucyrusTelegraphForum.com
"I think with broader acceptance of marijuana, employers are indeed testing more. They're not capitulating," said Jim Reidy, a New Hampshire attorney who practices in the areas of labor and employment law in several states.
Although opiates and Oxycodone are becoming more prevalent, marijuana has long been the leading drug detected in the workplace, from pre-employment drug screens to after-accident tests. And the prevalence is expected to grow as more states legalize it.
Ohio businesses could find themselves fielding questions and scrutiny from employees about marijuana within a year or two. At least five groups are working to place a marijuana initiative up for Ohio voters. Two of the groups have had ballot language approved by the Attorney General and are collecting the requisite signatures.
According to a recent analysis by IBISWorld, marijuana industry revenue is expected to rise annually by 30 percent during the next five years, reaching $13.4 billion. That anticipated growth is steeped in increased daily use, which the National Survey on Drug Use reported increased from 5.1 million people in 2007 to 8.1 million in 2013.
Dr. Jeff Hill, a medical review officer at Adena Occupational Health in Chillicothe, reviews non-negative drug tests from across the nation. His job is to contact the person to determine if there is a legitimate reason the test wasn't negative, such as a prescribed medication.
"No law says I can't go to Michigan and get treatment with marijuana for cancer ... It's going to be very complicated as we move forward," Hill said.
Recently, he was following up with a Jackson man who had recently moved from Colorado, where both medical and recreational marijuana is legal. The man said he hadn't smoked marijuana since moving, but it didn't matter — the employer rejected him because he tested positive.
That response is not unusual, even in states where marijuana has been legalized. More than half of 3,119 human resource professionals surveyed reported they do not accommodate marijuana use, according to HireRight's 2015 Employee Background Screening Benchmark Report.
So far, most employers have been in a strong position to defend their employment decisions concerning marijuana since it is still illegal under federal law, Reidy said.
Judy McTigue, plant manager at heavy-truck manufacturer Kenworth in Chillicothe, fielded some questions from employees about marijuana when she was working with the company in Washington, the first state to legalize recreational marijuana in 2012.
"It changes nothing," she said. "We're regulated at the federal level as an employer."
It's not necessarily that simple, said Reidy, who also is the legislative director of the New Hampshire Society for Human Resource Management State Council and recently spoke at a national human resources conference about marijuana and its affect on business.
"Right now, the current test doesn't get to current impairment," Reidy said.
Unlike alcohol, which takes just hours to dissipate from a person's system, THC in marijuana can remain detectable for days or weeks after use. The science isn't there to provide for current impairment via a test in the way it is for alcohol, Reidy said.
"The employer has a much stronger position if (the person is) in a safety-sensitive position," Reidy said.
While maybe that isn't as much of an issue for employers when it comes to someone using marijuana recreationally in a state where it's legal - there are employers who won't hire cigarette smokers - if the use is for prescribed medical use, it's a little less clear.
According to the human resources managers surveyed by HireRight last year, only 4 percent said they had a policy to accommodate medical marijuana use and another 6 percent intended to implement such a policy within a year.
Although 23 states and the District of Columbia have legalized medical marijuana, Reidy said people challenging employer decisions about their medical marijuana use are really just starting to hit courtrooms.
"It's an unresolved issue right now," he said.
The big case people are watching, Reidy said, is in the Colorado Supreme Court: Coats v. Dish Network. A man who is quadriplegic is contesting being fired due to his medical marijuana use. Courts so far have found for the employer and the Supreme Court's decision, expected sometime this year, will determine whether employees have any protection for their use of medical marijuana.
So what should concerned employers do to prepare in case one of the marijuana initiatives ends up approved by Ohio voters?
"It's really convoluted," said Dee Mason, founder of Mansfield-based Working Partners, a drug-free workplace consulting firm.
She recommends businesses get involved now, get educated on the issues and be an active part of the discussion before a ballot initiative is passed. Mason also suggested talking with your employees early on expectations and the business' stance on the initiative.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Will pot legalization change workplace drug testing?
Author: Jona Ison
Contact: jison@Gannett.com
Photo Credit: None Found
Website: Bucyrus Telegraph-Forum | BucyrusTelegraphForum.com
