Should I test based on state laws where my employee lives or where they work?
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. For example: Imagine you have an employee who lives in Arizona but works in California, and the employee has a medical marijuana card in which they use in private. Arizona protects employees from discrimination while holding a medical marijuana card, but in California, an employer may fire employees who test positive for marijuana, even if the use was off-duty and for a medical condition with a valid medical marijuana card. To avoid litigation in this scenario, it would be advisable to treat this employee based on Arizona laws.
It is pertinent for you, as an employer, to have a policy in place for when this occurs and to follow each states' medical marijuana laws accordingly.
What is an electronic chain of custody?
An electronic Custody and Control Form, also known as an eCCF, is an electronic version of the traditional document used for drug test ordering, specimen collection processing, and chain of custody documentation for workplace drug testing. ECCFs offer additional benefits, such as speeding up turnaround times by up to 25% and preventing common user errors associated with paper forms.
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.
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.