If an employee uses medical marijuana, can they be terminated if they test positive for marijuana?
Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card.
In addition to state laws, employers must also address federal standards pertaining to workers’ comp, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), unemployment benefits, drug-free workplace laws, and state handicap/discrimination laws. Even in states where legalized, the laws do not protect an employee that is impaired while at work, under the influence, or using on the job, especially when working in a safety-sensitive position. While a workplace drug test will detect THC, in most instances, the same test will not determine “impairment.” This is why documenting suspicious behavior and implementing manager training for reasonable suspicion and probable cause will help determine if an employee is impaired while on the job.
How can an employee obtain a copy of their DISA drug test results?
Copies of test results may be obtained through several departments, depending on the results. For positive test results, please contact DISA’s Return-To-Duty department, or contact your MRO. For negative test results, please contact your company’s HR department.
What is FormFox?
DISA partners with FormFox, the nation’s leading provider of Electronic Custody and Control Forms (eCCF) and electronic workflow solutions, to provide integrated solutions for workplace drugs of abuse testing and occupational health services. As a result, common collector errors and omissions are avoided, while also shortening the entire drug testing cycle by instantaneously delivering the electronic CCF and related data to key stakeholders like the MRO, TPA, Employer and Lab.
Which CCF forms have changed?
The Department of Transportation (DOT) recently made two key changes to DOT-regulated Custody and Control Forms (CCF), which is pertinent to those using paper forms. The first change is the addition of a Commercial Driver's License (CDL) state and number. The second change is that the new form accommodates the future use of oral fluid (saliva) specimens for DOT testing. More information can be found on our article "DOT-Regulate CCF Changes You Need to Be Aware Of".