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Featured Article: Drug Testing in the Workplace

Should my company drop Marijuana from our drug tests? 

Employers are becoming more and more weary to test for Marijuana in their workplaces. This is not surprising with all the states and now the Federal government talking about marijuana legalization and de-criminalization on the Federal level. It is well known that intoxicating substances and transportation do not mix. Driving, especially large vehicles, is a complex task even when driving with a clear and sober mind. The roads today are full of potential hazards, so it only takes a split second to make or not make, an evasive maneuver to avoid an accident. Most accidents are preventable, and are often the result of driver error on one or both of the parties involved. The skill of driving is adversely affected by an impaired mind.  This applies to not only driving but working in any position that is considered safety sensitive.

We’ve all heard the argument that recreationally, consuming alcohol has similar effects as marijuana. While this may be true, either substance can have detrimental effects with regard to safety on the road and in our workplaces. Current drug tests don’t necessarily gauge the level of impairment with marijuana use. The most common drug testing method has been to conduct a urinalysis. This type of test can reflect a positive result for marijuana sometimes up to 30 days after use while alcohol, by breath or blood test, has a much shorter window. Unfortunately for impairment testing, our bodies handle these two substances very differently.  Alcohol enters the blood and with very little filtration, enters the brain. A breath or blood test can indicate how much alcohol is affecting the brain and causing impairment.  Marijuana (THC) when it enters the blood does not enter the brain as quickly, so a similar test, if developed, may not accurately indicate the level of intoxication or the amount of THC that may be affecting the brain.

Since the beginning of drug testing in the workplace, there have been challenges on the right of an employer to test their employees.  The recent surge of marijuana legislation has increased these arguments, especially when it comes to THC.  Jurisdictions like Nevada and New York City have tied the hands of employers wishing to test or act against those who test positive for THC. Laws such as these have caused many employers to revisit their policies on testing for marijuana even if they are not located in these states or locations. One consideration is to remove marijuana from their testing panel.  

Another common question that comes up is the concern over CBD and Hemp Oil.  Employees wonder, “Can I test positive on a drug test if I use CBD oil?” Most drug tests will test for the presence of THC. This is the substance that is converted to its psychoactive form when marijuana is heated by smoking or when baked (edibles).  To be classified as CBD, it cannot contain more than .3% THC.  One way to minimize the THC intake is to read the CBD label. Full spectrum products indicate that the CBD can contain small traces of THC, whereas Broad and Isolate spectrums indicate no THC. It is also important to review if the product has been tested by a third-party laboratory for purity.  Simply reading the labels may not guarantee the contents, as CBD products are not regulated by the FDA and there is a risk of miss-labeling.

With ever-changing laws, it is understandable that employers may have many have questions with regard to workplace testing for marijuana.  In fact, even in states that have legalized recreational marijuana use, there are often exemptions for workers in high-risk/safety sensitive positions. There is more work to do to define acceptable and safe levels however ultimately, we drug and alcohol test for the purposes of safety, and when we employ those who have duties that are considered “safety sensitive”, it is important to analyze potential impairments and the consequences of said impairments.

Remember to always seek the advice of a professional or your legal counsel. 

For more information, please contact Robert Johnson, Safety Management a division of Taylor Made Diagnostics. (757) 461-1430. Please see our seminar schedule on www.TaylorMadeDiagnostics.com.

About the author

Robert Johnson, C-SAPA, has been working in the field of Workplace Drug & Alcohol Testing for over 26 years. He has trained hundreds of supervisors and employees in drug testing rules for both Federally regulated and non-regulated employers. He now heads up the Drug Testing & Safety division of Taylor Made Diagnostics.

 


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