Marijuana Laws 101: Things to Consider When Developing Your Company’s Drug Policy
- Maintaining a 100% drug free work place should be the driving factor.
- Mandated compliance with Federal law?
- States with medical/recreational marijuana laws?
- Does the company have “Safety” sensitive positions?
- How are positive tests for marijuana handled?
- Don’t test for just marijuana, additional testing should be for misuse of prescription drugs.
Important Facts about Federal Law pertaining to Medical/Recreational Marijuana:
- The sale and use of marijuana remain illegal under federal law in every state in the nation and also because much workplace drug testing today is mandated by federal law.
- Many employers must test for marijuana and hold those who test positive accountable under federal government mandates.
- Acceptance of federal funding requires compliance with the Drug Free Workplace Act.
- Occupational Safety and Health Administration (OSHA) regulations and their state counterparts require employers to provide a workplace free from recognized hazards in what is commonly referred to as the “general duty clause.” Workplace drug testing policies support essential workplace safety and productivity standards for employers as well as employees.
*In order to deter claims of discrimination a drug screening programs should encompass the entire workforce.