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Drug Testing Considerations Key takeaways: • You can still test for other drugs • Test for marijuana with caution –if you don’t need to know, it’s probably better not to know • Fit within one of the permitted exceptions (mandated, performance, safety) • Document specific, objective bases for testing
19 Φεβ 2020 · employee rights to off-duty use of medical or recreational marijuana; employer rights to base hiring or disciplinary actions on positive drug screens; accommodation of marijuana use in the workplace; and excep-
workers who use marijuana according to state standards. If drug testing is done, the decision to test must be job-related and necessary for business, and conducted when there is evidence of a safety or job performance problem. Currently, the ADA does not require employers to permit marijuana use as a
of marijuana in a drug test. Yes, under a new law passed in the fall of 2022. Yes, though employers cannot take adverse action against an employee solely for the presence of marijuana in a drug test. The off-duty protection begins Jan. 1, 2024, and does not apply to employees in certain industries. Colorado Allowed No Follows federal law when ...
pre-employment screening for marijuana use, except for employees in safety and security-sensitive jobs and jobs bound by federal or state contracts or grants. Oregon requires “reasonable suspicion” of drug use. Rhode Island, Vermont, and South Dakota allow testing ONLY AFTER an offer of employment. Virginia forbids discharge of an employee ...
cannabis recreationally at work during work hours, nearly 5% admitted to daily use and over 13% use it more than once a month. Furthermore, Quest Diagnostics reports that cannabis continues to be the most commonly detected illicit substance in workforce drug tests.
This survey has been provided by the Fox Rothschild Cannabis Practice as a quick reference to relevant workplace laws and statutes governing marijuana usage and drug testing in the United States.
