company’s drug-free workplace policy was completed. It was determined that several updates were needed. Due to the employee’s explanation,
Figure 1
apply when the employee is in the state?’ My response was, ‘Where did the drug test take place?’ Te employer was clearly feeling intimidated by his employee’s insistence that taking action against him would be a violation. However, there is nothing protecting an employee in this situation. He has a responsibility to arrive at work prepared to perform duties in a safe manner, and the company policy insisted that means drug-fee.” As certified collectors, TPAs, and
service agents; the need to provide proper information, education, and guidance is part of our professional responsibility. Tis is the bigger picture, and part of the challenge that we sometimes face as we serve our clients. Another example of the importance of
education comes from a national company based in Colorado that Marting also serves. Te employer’s confusion has been profound. During a quarterly non-DOT random
drug testing period, a 31-year tenured employee of the company tested presumptive positive for marijuana on a rapid screen test. Te employee admited that he wasn’t surprised, stating he had eaten some marijuana edibles at a family gathering two days prior to the random drug test. Te employee then explained to the
employer that he thought, since marijuana was now legal, he could consume marijuana without geting into trouble at work. Because of this incident, a review of the
22 datia focus spring 2017 Figure 1
the employer followed its second- chance policy with the employee. The presumptive positive test was sent to the lab for confirmation and MRO review. The employer then scheduled a follow- up test for this employee, 10 days from the last random test. When the follow-up test was conducted, the employee was found to be negative for all drugs tested, including marijuana. Several important lessons were learned
from this experience: 1. Employers need to review, update, and be familiar with their company’s drug- free workplace policy. If you provide this service as a TPA, please be aware that your clients may need refresher training on how their policy applies to marijuana.
2. Employees, as well as supervisors, must be updated on changes to the company’s drug-free workplace policy. With these updates, there should be writen docu- mentation signifying that all employees and supervisors know and understand what the company policy is concerning
recreational and medical marijuana in the workplace. Part of the policy should focus on how the use of marijuana, even on an employee’s own time, could affect his work and employment.
3. Employers must have the tools needed to recognize and identify impairment in the workplace.
Tis example is important, as several TPAs
are seeing increases in lab-based follow- up testing, aſter THC positive test results have led to Substance Abuse Professional (SAP) instructions for those employees to participate in treatment programs as a condition of second-chance policies. In southeast Alaska, Renee Schofield of TSS Inc. reports seeing follow-up testing numbers triple over the course of one year. Related to the need for more education, Renee says, “Legalization education has not been handled as the marijuana industry promised. Te rise in non-negative marijuana results are evident on many fronts, most notably, in the DOT section of our screening. Federal regulations are still zero tolerance, placing those not fully understanding or ignoring the rule, into a non-negative situation. Falling into follow-up testing status is expensive and time consuming. Employers and families
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