Answer

Can an employee test positive for marijuana from second hand smoke?

Cut-off levels have been established to rule out passive or second hand smoke inhalation.  Clinical studies have been conducted to establish the cut-offs, and the studies concluded that it is extremely unlikely for an individual to test positive due to passive or second hand smoke inhalation.

A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.

Drug and Alcohol Testing related

How do I change over to eCCFs?

If you’re not yet utilizing eCCFs, it’s easy to get started! Simply click on the yellow “WalkMe” button at the top of DISAWorks or DISA360, then select “Order a Drug Test (eCCF)”. The guided WalkMe process will take you step-by-step through the entire process. Get started at our article "How to Get Started Using eCCFs"

Drug and Alcohol Testing related

What is the expiration date of an oral fluid test?

Our preferred vendor partner, Orasure, utilizes the Intercept oral fluid collection device, which expires 24 months from the date of manufacture. So typically, they may have an 18-20-month date when received.