More employees are using marijuana than ever before. Without a simple way to detect impairment, you need a drug use policy designed to address the issue.
In the U.S., the legalization of marijuana (also known as cannabis, pot or weed) began in 1996 in California. Since then, dozens of states have legalized the use of the drug in some form.
Marijuana use is growing
Marijuana is the most commonly used illicit drug in the U.S. It can be smoked, vaped or consumed as a food. According to a recent Quest Diagnostics Drug Testing Index, marijuana also continues to top the list of most commonly detected illicit drugs across all workforce categories.
In general, the rate of positive test results has increased 17% since 2014. For safety-sensitive occupations, positive tests grew at nearly twice that rate since 2014. This includes federally regulated jobs such as pilots, bus drivers and truck drivers. It also includes construction workers and nuclear power plant employees.
Testing can be problematic
Testing for marijuana impairment is complicated. The methodology is easy to implement. However, proving intoxication, when usage occurred and the employee’s level of impairment is almost impossible.
- Urine testing shows the presence of the drug for several days after use and does not prove impairment.
- Blood testing can pinpoint THC in the bloodstream but cannot relate its presence to impairment.
- Saliva testing can detect THC immediately but can simply indicate environmental exposure.
- Sweat and hair testing can show a cumulative record of drug use. Both these methods take an inordinate amount of time and can easily produce false positives.
Leading toxicologists believe that simple testing for marijuana impairment is potentially years away.
Quest Diagnostics also found that many workers try to “cheat the test.” Invalid tests of urine specimens from safety-sensitive employees increased 80% from 2018. The number of invalid results from the general workforce increased 40%.
Detecting marijuana use at work
THC, along with other chemicals in the plant, is absorbed through the lungs or digested. It is carried through the body to the brain. If the drug is smoked or vaped, the effects are almost immediate. Effects from consuming THC through food or drink can be delayed by up to an hour.
As medical and recreational use became legal in multiple states, new consumer products with marijuana were developed. That means more employees are now consuming marijuana through oils or edibles like cookies and candy, making it incredibly hard to identify use of the drug in the workplace.
There is little to no research on how productivity is affected by the use of marijuana. THC levels depend upon how the employee ingests the drug and can vary greatly between subjects.
Research to determine impairment levels is ongoing. Experts are measuring an individual’s productivity when they are drug-free as compared to trials when they have THC in their system. Again, simple tests for marijuana impairment (similar to those performed for alcohol intoxication) are potentially years away.
Creating an effective policy
Employers looking to limit their exposure to the risks of marijuana use at work need a policy that protects them but, at the same time, accommodates employees who use the drug medicinally.
Most experts agree that unless you maintain federal contracts or employ federally regulated safety-sensitive workers, zero-tolerance policies are losing ground. At a minimum, the HR organization SHRM recommends a policy that:
- Prohibits the use, possession, sale, distribution or manufacture of drugs and drug paraphernalia at work
- Prevents employees from coming to work while under the influence of drugs
- Reserves the right to search workspaces with reasonable suspicion of drug use
- Ensures compliance with applicable federal, state and local law
You may also want to consider offering employees with minor infractions a second chance. To do so, your policy can focus on:
- Training for supervisors — what to look for and how to approach employees
- Confidential access to peer recovery support
- Ongoing drug education and outreach
- Rehabilitation coordination with your wellness and employee assistance programs
If you have employees in multiple states with conflicting laws, you must be consistent when testing and disciplining employees. Be sure to talk to your broker or benefits adviser if you have questions about creating a multistate policy. They can work with you and legal counsel to be sure you are acting in the best interest of your organization and your employees.
Maintaining a safe workplace
Once you have established your new policy, it’s important to continue educating employees. Creating awareness of the policy and any repercussions for violation are key to maintaining a safe workplace.
The National Drug and Alcohol Screening Association recommends that employers:
- Adopt a sound drug testing policy
- Make employees aware of the policy with regular updates
- Enforce the policy consistently
Need help?
If you need help establishing such a policy, contact your broker or benefits adviser, or HR consultant. They can help create a system that informs, educates and encourages adherence. For support on this topic, contact our HR Consulting team.
This content is for informational purposes only and not for the purpose of providing professional, financial, medical or legal advice. You should contact your licensed professional to obtain advice with respect to any particular issue or problem. Please refer to your policy contract for any specific information or questions on applicability of coverage.
Please note coverage can not be bound or a claim reported without written acknowledgment from a OneGroup Representative.
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