The fact that more and more states are legalizing medicinal and recreational marijuana may not only increase the use of drugs, but also increases the risk of employees reporting to work impaired.Know this: As an employer you have a right to ensure a safe working environment and to employ staff that is free from the effects of substance abuse.
However, having this right doesn’t make the issue of drugs in the workplace any less difficult to tackle--but you’re not alone. Many states do not have state laws governing drug free workplace policies which makes it even more important for employers in those states to run their policy by a HR professional.
To help clear the haze on this issue, we have outlined some tips to offer guidance on developing an effective drug use/testing policy.
Despite state legislation, it’s important to understand that Schedule 1 of the U.S. Controlled Substances Act of 1970 still currently lists marijuana as being 100% illegal. Below, you can see a graph from Inside Gov that details each state’s legislation:
In light of this information, the real question still remains: What does this mean for you as an employer?
As mentioned before, regardless of marijuana legalization, you still have full authority to enforce a drug-free workplace. However, this must be explicitly outlined in your policy. Otherwise, things could get dicey.
Here are some important tips when implementing/enforcing drug testing:
These are guidelines for how to make your drug testing policy more effective. To cover all of your bases, it’s highly advised you reach out to an HR professional for thorough advice and guidance.
Since many states do not have laws for a drug free workplace, it is integral that you implement the right policy for your business. Having the right drug testing policies in place can save your company time and money in court over employment disputes. Avoid that risk! Consider some of our tips for your drug testing policy as beginning steps.
To ensure you have an ironclad drug testing policy, it’s more important than ever to reach out to an HR professional for protection.
As state laws and employee protection laws continue to develop, you need the proper measures and verbiage to implement your company’s policy in a clear and easy-to-understand way.
We hope this article has been helpful with offering some insights to your drug testing policies, and what you need to know as an employer.
If you are a FrankCrum client we can provide guidance on the regulations in your state, recommended policy language or even a comprehensive drug-free workplace program.