Can Employers Drug Test Employees After Cannabis Legalization?

Cannabis Employee Drug Testing: Nowadays, the buzzing word on every employer mind is “cannabis legalization”.

But, amid the confusion, some of the biggest outstanding queries are related to 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 Cannabis Employee Drug Testing at the workplace still falters 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

Today, this is the driving force for some who have been yearning for the Federal Government to keep our workplaces and communities safe. Somehow, several groups have suggested the government 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 to impose it.

As it goes without saying, all the individuals must be treated equally and fairly under criminal law. Creating a different set of criminal laws on their work profile is probably 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 that 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, the employee is also entitled to a certain degree of privacy in the context of their workplace. Any meddling into this, like a random drug test, will not be easily enacted.

The THC (Tetrahydrocannabinol) traces found in the employee system may not necessarily prove anything concerning impairment or ability to do their work precisely.

Nevertheless, this does not mean the drug test at the workplace is not possible. Under the current law, some employers can go for a cannabis drug test depending upon the scenarios, or it differs from case to case but only where there is ground to do.