Not long ago, employers could freely test for marijuana, and a workplace drug test that was positive resulted in termination. But these days, the consequence of a positive test isn’t so clear.
, new laws tackle the issue of a job candidate's marijuana use and prohibit most pre-employment tests for marijuana.
This ruling could inform court decisions in other states going forward. It also should serve as a warning for employers that the argument that they can discriminate against marijuana users simply because the drug is illegal at the federal level may be a losing proposition.an employee who was a medical marijuana user in Arizona took a drug test triggered by an on-the-job injury and tested positive for pot.
, HireRight's chief medical officer. Dr. Simo spelled out some practical steps to address marijuana accommodation.Research shows that even after a person who has smoked pot is no longer impaired, lasting effects continue from several hours to days after use. Pot users can have trouble determining distances, completing multiple tasks at the same time and making quick decisions, Simo noted.
As part of this process, organizations must train managers and supervisors to spot"articulable observations" that a worker is high. That could include an individual who is acting in a disinhibited fashion, not following safety protocols or making bad decisions.
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