![]() By: Bill Vogel, PHR Date: June 30, 2018 Virtual HR Pros With the growing legalization of marijuana, managers and supervisors may wonder if it is legal to drug test job applicants. The bigger question is whether a manager or supervisor can withdraw an offer of employment if an applicant tests positive for a job in a state where marijuana is legal. (Keep in mind that in many states employers must provide an applicant with a job offer before the drug test.) The answer is yes, employers can continue to drug test job applicants and refuse to hire applicants testing positive for marijuana in states where it has been legalized. Drug testing is another sticky issue for employers because of the different state and federal laws that protect applicants against discrimination, invasion of privacy, and defamation. However, even though states in the US have passed laws legalizing marijuana, it is still an illegal drug under federal law. Therefore, employers need to have solid drug policies in place to avoid legal problems to help comply with legal regulations. Except for federal contractors and companies subject to Department of Transportation (DOT) regulations, most employers are not required to drug test job applicants. However, according to the National Council on Alcoholism and Drug Dependence, employees with addictions are over 2 times more likely to have a work related injury. According to the US Department of Labor, problems resulting from alcohol and drug abuse has cost American businesses over $81 billion dollars. To decrease risk associated with drug use by potential employees, employers need to have a pre-employment drug testing policy. The common elements of a drug testing policy are as follows:
After implementing a drug policy, employers can then contract with third-party vendors to conduct the testing. This includes issuing the Federal Credit Reporting Act (FCRA) release, selecting a collection site and laboratory, and providing chain of custody forms. A few things Managers and Supervisors may not know about drugs in the workplace:
Making informed hiring decisions requires several steps, most importantly the pre-employment drug testing step. No matter how complicated the legal requirements between state and federal laws, drug testing remains one of the better predictors of new hire success. As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and management training courses to assist with workplace compliance requirements.
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