.jpg?width=1170&name=FranklyHR_blog_Header%20(1).jpg)
Test Your Knowledge Answer - Marijuana Legislation
Nov 19, 2020 9:44:00 AM
No.
Employers can adopt a drug-free workplace policy in their workplace. This means that employees cannot be under the influence or have marijuana within their possession at the workplace. This should be looked at much like the use of alcohol in the workplace. You shouldn’t discriminate against an individual for what they do during off-duty hours or outside of the workplace, but you still have control when the individual is under the influence in the workplace or even when the individual is on call as defined by law.
Employers are not prohibited from drug testing with reasonable suspicion if they have an appropriate program in place or pre-employment drug testing.
Drug tests today can detect marijuana that has been in the system for hours, weeks or even months ago. The challenge is you can’t solely rely on drug testing to make these determinations of immediate ‘under the influence’ like you could for other type of substances.
Review a reasonable suspicion checklist to determine the next steps.
- What is their speech like?
- How is their behavior?
- Are they irritable?
- Do they slur their words?
- Are they doing any of these irrational type of things within the workplace?
Make sure that a drug testing program aligns with your state law. If you have to follow DOD regulations, if you are a federal contractor, or if you are in certain health care facilities, some of these laws may differ.
For questions on employment law, reach out to your HR Consultant directly or email FrankAdvice@frankcrum.com.
Previous Updates
Put some clear and concise content in here. Keep your reader in mind. What are they trying to do? What are they hoping to learn? Why are they reading this? Help them out and use the tone and voice of your organization.
Put some clear and concise content in here. Keep your reader in mind. What are they trying to do? What are they hoping to learn? Why are they reading this? Help them out and use the tone and voice of your organization.
Put some clear and concise content in here. Keep your reader in mind. What are they trying to do? What are they hoping to learn? Why are they reading this? Help them out and use the tone and voice of your organization.
