Magazine article HRMagazine

Marijuana Maelstrom

Magazine article HRMagazine

Marijuana Maelstrom

Article excerpt

After reading "Do Marijuana Laws Leave Drug Policies Up in Smoke?" (HR News, May), I am eager to read the in-depth article promised in June. I hope it includes analysis of this issue in the context of unionized workplaces and advancements in drug testing.

Some unions are eager to test this matter before arbitrators. They see it as a right-to-privacy issue. It is the employer's challenge to show a nexus between an employee's off-duty use and the employer's legitimate business interests such as safety and productivity. It is not as easy as it once was for employers. Some arbitrators favor union arguments that off-duty use is no business of the employer and that, since drug tests are not an accurate measure of impairment, employers cannot rely on them to prove their case in disciplinary cases involving marijuana.

Drug-testing technology is advancing, but not fast enough. Urine tests detect THC metabolites but do not prove impairment. Blood tests provide a better indication but open another host of issues under the Americans with Disabilities Act and the Health Information Portability and Accountability Act. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.