A: Our team has put together a list of best practices regarding HR Policy and Drug Testing:
- Treat marijuana use at work as you would alcohol. It may be legal, but consuming during the workday is not acceptable.
- Research the company’s drug test and stay on top of technological developments. For example, urine testing detects past use up to 30 days. These tests may be unfairly penalizing employees for past legal marijuana use. Meanwhile, saliva testing detects recent cannabis use within the workday or up to 10 hours.
- Managers should be trained to spot signs and symptoms of impairment and undergo clear next steps complying with their documented HR policy.
- In states where employers must prove impairment, a positive lab-based drug confirmation test result can be combined with documented poor performance, unsafe behavior, and accidents to justify adverse employment action.
- Know your relevant state laws before setting policies and implementing drug testing.
- Employees must be educated about the company’s drug and alcohol use policy and the repercussions for positive tests following procedures.
- For more information, please see the article HR Policy Amid Marijuana Legalization.