This has become an extremely hot topic in states where marijuana is now legal for recreational and medical use. If you have employees in one of these states, you are probably questioning your internal drug testing policies, as you should. Some states have restrictions on pre-employment testing and will also restrict your ability to take negative actions against an existing employee who tests positive for marijuana.
Remember, marijuana is still illegal on a federal level. So your employees that carry a Commercial Driver’s License (CDL) must be enrolled in a drug testing program as required by the US DOT. Also, if you are working under a contract for the federal government, you may be obligated to enroll all of your employees in a program.
Right now, there are more questions than answers. With no reliable technology available to accurately detect “impairment”, employers are left a little bit in the dark. I hope this document provides you with a little insight. For more information, consult with a labor attorney that is versed in your state laws. Download the RiskInsights article
Ken Bogdan, CSP, Partner, Director, Risk Control Services,
Connor Strong Buckelew