Why is Marijuana Still Being Tested at My Job if it is Legal in My State?
Employers may still conduct drug tests on applicants and decide whether to hire them or terminate them if the results are positive, depending on their own company policy. Employers may continue to test for marijuana because it is still illegal on the federal level.
Most of the time, it is permitted for workers to use marijuana recreationally outside of work. Similar to alcohol usage, marijuana use is only subject to restrictions when it occurs during work hours or when use results in visible signs of impairment that have an impact on either the worker's performance or the general safety of the workplace.
Some state laws give medical or recreational marijuana users some level of protection from discriminatory hiring decisions or termination due to a positive drug test. Multi-state companies are faced with difficulties as they must choose how to manage these problems through drug and alcohol policies, how to treat candidates and employees consistently, and whether to adopt state-specific or national policies on these concerns.
It raises concerns about how businesses can assure that workers are not reporting to work under the influence of marijuana if they stop testing for the drug. Since a positive test result is no longer adequate under many state regulations, showing that an employee is under the influence has become essential. The length of time that marijuana can be detected varies depending on the type of testing method being used.
Employers have a responsibility to put the health of their employees first, which includes taking the appropriate precautions to avoid accidents and injuries brought on by drug impairment. Marijuana usage has been linked to slower reaction times, less coordination, and bad decisions, all of which can be particularly harmful in businesses that value safety. To keep the workplace safe, it's crucial to make sure that employees aren't using drugs while they work. Maintaining a marijuana-friendly drug testing panel is a useful preventive practice for preserving workplace safety.
Employers can also protect their organization from legal drug use by implementing a simple and clear drug testing program. It will be easier to enforce these rules consistently and fairly if there are clear rules on what happens if a marijuana test is positive.
Employers should consider adding fentanyl to their panel rather than removing marijuana in light of the ongoing fentanyl epidemic. Many companies are unaware that fentanyl is not classified as an opioid on an average drug testing panel. All employers need to be concerned about this shocking statistic.
There are a few exceptions to these state anti-discrimination rules, but the most important ones concern jobs in the transportation industry that are subject to federal regulation. No marijuana use is permitted for employees in DOT-regulated industries in safety-sensitive professions, such as professional drivers, technicians, and warehouse staff, regardless of individual state regulations on marijuana usage.
Marijuana is still regarded as a Schedule 1 drug by the federal government. State and city laws have been replaced by federal law. The DEA continues to insist that it has a significant potential for abuse and no legitimate medical application. Both drug users and supporters argue that it has various health advantages, many of which may be advantageous to truck drivers.
A single failed drug test qualifies as cause for termination under DOT regulations. Therefore, it is irrelevant if you used marijuana while not on the job even though it is legal in that state. Most trucking companies, including the DOT, a federal agency, have a zero-tolerance policy.
Any traces of illegal substances in your body are regarded as a failed drug test. Even in states where marijuana is legal or with a medical license, you can get a DUI for possessing even a small amount of the drug in your system. For a commercial truck driver's career, it is ultimately not worth the risk.
Commercial drivers are still governed by federal government regulations, regardless of state laws. Since marijuana cannot be transported on airplanes or on any other type of transportation, the problem is not limited to drivers. Medical marijuana users who have confirmed medical conditions that marijuana has been shown to treat find it difficult to access the drug because of these prohibitions.
No matter how common the consumption of marijuana becomes, it is unlikely that the DOT or transportation businesses will ever reduce their strict regulations and legal requirements. It is a liability concern for drivers and transportation businesses and is likely to continue to be illegal at the federal level for some time.
Even in states where marijuana is considered legal, it is still illegal to drive while impaired by any substance. This demonstrates why marijuana and the trucking industry could never coexist. The DOT will continue to impose stringent regulations even after the federal law is changed to prevent drunk drivers from operating commercial vehicles.
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