Answer

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.

Drug and Alcohol Testing related

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.

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.

Drug and Alcohol Testing related

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