Researcher

Does anyone here know if a drug test by employers can be done on a cannabis RX patient and if there are any legal grounds for "allowing'' the presence of that drug in a urine sample on an excused basis given the fact that if you are IN a state of medical legal MJ?

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Researcher

Hey, it's just a daym plant!

Timecow

Last I heard, at least in CA, Employers are not required to allow for medical use. There might be some who will be understanding, but that would be a personal call. There was a case a while back (A year maybe?) where a guy was fired for failing a drug test even though his direct supervisors were aware and ok with his medical use. If I remember right, he was some kind of equip. opp. and never used until he got home every day, but the corporate policy was "zero tolerance". He tried to take it to court and couldn't even do that. I'll try to find a link to the story and post it...

I don't know if it is different in any other state, but I doubt it. I have not heard of anyone being "Required" to allow a medical user to keep their job if they fail a drug test. At least for now, I think we have to stay under the wire (Cheat on drug tests) for a while longer...

This might be the one, and I had his job wrong... He was not an equip. opp.
Sorry for the mistake.

ASA*:*Court to rule: Can medical pot user be fired for failing drug test?

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BartSimpson

What escapes many about the Drug Testing issue are the forces that drive it from the back seat.

I am an employer in a pot-friendly environment, but my worker's compensation and liability insurance require drug testing. A new hire must be tested and that is it - it is the final step in the hiring process. I must include notice on the application, in any advertisement and verbally state that drug testing is required during the interview.

I have no choice - I must do it. But I also use it as a qualification for the level of real world intelligence that I need from an employee. Basically, if you cannot figure out how to pass a pre-employment drug test (it is not observed) then you are not going to figure out how to pour piss out of a boot with the instructions written on the heel.

One out of ten new hires test dirty the first time - if they argue with me about medical MJ use and how it is OK because they have a Doctor's recommendation, they do not understand the position I am in with my insurance and worker's comp providers - Frankly, I don't need your MMJ crusade in my workplace. I offer good candidates who test dirty for MJ to provide me with a clean test on their own dime within a week. The word "substitution" is worked into the conversation. *wink*wink*

I have over 70 employee's, and each of them costs me $1500/year in liability insurance - if I didn't drug test new hires, I couldn't even get insurance and over 70 young men would be out of a job.

If only there was a piss test for thieves.

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Researcher

That's a great post Bart and also to you TimeCows

Researcher

But the other Question was: After being hired does the company do a drug test ONLY in the case of an accident or do it anytime during one's tenure?

BartSimpson

It depends what the position is - for example, persons employed in sensitive safety positions (truck drivers, train drivers, crane operators, nuclear power plant workers) who are going to be subject to on-going random testing by federal regulation.

Testing after an accident is related to the regulations of the administrative agency responsible for the investigation - if the NTSB is the investigator then you likely will be tested, but you would already know this. If the accident is investigated in-house by management then you might not be tested.

You see, it is not going to be a mystery if you are to be tested. As I stated in my pre-employment example, notice is given clearly prior to an offer of employment - often with a signed document acknowledging the drug testing policy.

Such policy is not going to exempt MMJ use.