In
a 2012 statistical finding released by the National
Survey in Drug Use and Health, there were 9.8 million full-time Americans
adults who use drugs in the workplace including medical marijuana. In a separate study, it is
found out that more or less 50% of industrial accidents are related to
marijuana consumption.
Effects of Marijuana Use in Work
Performance
Despite
the legal regulation of cannabis laboratories and dispensaries in few states,
marijuana is still considered an illicit, strictly controlled drug under the
federal law. Marijuana use in the workplace greatly affects the individual’s
healthy, safety and productivity. Impaired thinking, reduced concentration,
loss of balance and decreased reaction time are among the most known adverse
affects of marijuana. Thus, every establishment strives for a drug free workplace
recognizing the hazardous consequences of its use and its impact to the workers’
productivity.
Note: Marijuana
traces can be detected through blood, urine, saliva and hair samples from day 1
up to 6 weeks (or more) following utilization. The most common methods in
detecting marijuana metabolites in the body are urine test, which determines
past use of marijuana and blood test, which detects present intoxication of the
drug.
Patient’s Rights Versus Federal Law
on Medical Marijuana Use
To
promote a drug-free workplace and to increase productivity among workers, companies
especially in the United States conduct a random marijuana drug test. According to the Drug-Free
Workplace Act of 1988, any company or organization that is subjected to federal
regulations should require random drug testing among employees including
workers who use marijuana for medical purpose.
Such
federal concern has led to the rise of arguments and debates regarding
marijuana use for medical reason in the workplace. This is because by federal
law, marijuana is illegal and any activity relating to the drug (whether utilization,
possession or trade) is a criminal offense. In Washington, employer can fire a
worker who uses medical marijuana even the worker takes it up at home and does
not elicit any impairment at work. But in keeping with the Disabilities Act
(ADA) law, employers can still accommodate workers who have medical conditions
that require the use of marijuana. But such consideration should be based on
what defines a ‘reasonable accommodation’ of the law. This has then become a
challenge for many employers since there is a clear-cut conflict between state
laws and federal laws. For instance, Arizona allows medical marijuana use in
the workplace, but Maine strictly prohibits the utilization of the drug in any
place of employment.
Current Marijuana Laws and their
Impact on the Workplace
At
present, there are no less than 13 states that employ medical marijuana laws
including Alaska, Colorado, Hawaii, Montana, Nevada and Washington. Primarily,
the aim of this law is to insulate doctors from criminal liability for
prescribing marijuana to their patients for specific medical conditions. As a
result of inconsistencies between the federal and state law, every state has
statutory requirements that every employer should follow to be discharged from
any legal consequences. For example, any worker who uses medical marijuana in
Alaska must register with the Department of Health and Human Services and
should secure identification cards for himself and the caregiver indicating the
worker’s diagnosis and recommendation of marijuana use. In Arizona, any doctor
can prescribed medical marijuana but this should be confirmed by a second
doctor in which all opinions should be translated in written form and kept in
the patient’s medical file.
Meanwhile,
the federal Department of Transportation released a new guideline that medical
marijuana use is strongly not tolerated for transportation workers and those
involve in safety-sensitive jobs such as ship captains and pilots (even in
states where medical marijuana use is allowed).
Measures that Employers Should Do
To
deter legal liability, employers and companies should
be keen on their stance regarding marijuana use in the workplace and notify
prospective workers about medical marijuana policy in written form. In addition
to that, employers should be clear about marijuana drug test policy
particularly the consequences when found positive. Every employer has the right
to maintain a drug-free establishment not only to protect the company against
costly litigation but more essentially, to look after the safety of the
workers.
…
so, the question is: does employers exempt workers who use medical marijuana to
comply with the drug-free workplace? That depends on the state requirements and
the company or the employer. At present time, many employers follow the federal
law and anyone who finds violating it would be considered disobedience of the
Drug-free Workplace Act. Workers with positive marijuana drug can be refused to
get the job, fire from the job or get referral for drug rehab treatment.
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