Nowadays, the buzzing word on every employer mind is “cannabis legalization”.
But, amid the confusion, some of the biggest outstanding queries are related with employment. How will employment firms adapt to cannabis legalization?
The questions arising are numerous and answers sparse, especially for the workers operating safety equipment. Due to their sole responsibility to provide a safe and secure workplace they don’t have the luxury of grey areas, despite the unexplored territory of legalized cannabis.
As the question of Drug Testing at workplace still flaters among the employers, below are some challenges chalked down to shed some light:
Is It Desirable – Or Easy – To Implement Anti-Drug Laws At Workplace
As, today this is the driving force for some who have been yearning the Federal Government to act to keep our workplaces and communities safe. Somehow, several groups have suggested government to set up laws for random drug testing at workplaces?
But this does not sound as desirable or easy!
Foremost the question arises about the venue. Under which act or statute, one will be able to implement a law like this. The answer is not simple! One can’t simply turn to the criminal laws in order to impose it.
As it goes without saying, all the individuals must be treated equal and fair under the criminal law. Creating a different set of criminal laws on the basis of their work profile is probably to be considered fundamentally unfair.
While you have Federal Employment Standard Right, that dictates no person can come to work in an impaired condition. Simultaneously, there are no Federal Labor Laws which withstand drug testing at the workplace.
As the law still stands, random workplace drug testing is still open to questions!
The Presence Of THC in Employee Does Not Necessarily Mean Anything
Somehow, employee are also entitled to certain degree of privacy, even in the context of their workplace. Any meddling into this, like random drug test, will not be easily enacted.
The THC (Tetrahydrocannabinol) traces found in employee system may not necessarily prove anything in respect to impairment or ability to do their work precisely.
Nevertheless, this does not mean the drug test at workplace is not possible. Under the current law, some employer can go for a drug test depending upon the scenarios or it differ from case to case but only where there is ground to do.
More than often, it means employers should have justifiable causes for believing the employee is under the influence of alcohol or some drugs although at work.
But, somehow drug test at workplace can also be imposed if the employee is involved in a nearby incident or any accident at workplace. So, on the other hand, there has to be some legitimate reasons for invading employee privacy.
Comprehensively, this process will mark an appropriate balance between the security of workplace and privacy interest of the employee. In addition, it ensure such tests are not ordered in any arbitrary or discriminatory way.
Let’s Conclude: After the cannabis legalization, the question of drug testing at workplace still wander among the employment youth and in context of your company. So, make sure to keep your marijuana consumption to a permissible level with the authorized drug testing kit to hedge one’s bet.
For any further discussion and assistance, feel free to rely on Ovus Medicals at 561-331-2092 during office hours M-F (9 am-5 pm) EST.