As more States enact laws permitting the possession and use of small quantities of Marijuana for medical use, many employers ask how will this affect a company’s policy as a Drug Free Workplace. Currently States that permit Medical Marijuana continue to support an employer’s right to conduct drug testing and prohibit all illegal drug use. Marijuana continues to be classified as a Schedule 1 Narcotic under Federal Law. In addition, recent cases in various States where employees have challenged an employer’s actions due to a positive drug test result, the courts have continued to support the employer’s right to maintain a Drug Free Workplace, even in cases where an employee has a prescription for Medical Marijuana.
In one recent prominent case, an employee of Dish Network sued after he was terminated for failing a random drug test. The employee possessed a Medical Marijuana prescription card and claimed that using Marijuana was like any other medication. However, the employee lost in State Court and at the appellate level where a three judge panel ruled that even though the employee was permitted to use Medical Marijuana due to his medical condition, under Federal Law Marijuana is still illegal and Dish Network had a right to fire him in accordance with their Drug Free Workplace Policy.
DOT Part 40 Regulations prohibit Marijuana usage by any DOT covered employee, regardless of whether a person possesses a prescription.
Accredited Drug Testing will keep our clients apprised of any developments relating to Medical Marijuana and an employer’s right to have a Drug Free Work environment. If you have any questions, please call our office at (800)221-4291.
WINNING AN UNEMPLOYMENT COMPENSATION CLAIM
Company’s/Employer’s who have a Drug Free Workplace Policy and drug test employees must ensure that they make all employees aware of the policy, enforce the policy and take any steps or actions that the policy calls for. If an employee is terminated for a positive drug test and it can be established that the employer failed to comply with the drug policy or took actions that were contrary to the company’s drug policy, then an unemployment compensation claim may be upheld if the company is found to have violated it’s own policy. However, if a company has a written drug policy and has complied with State Drug Testing Laws, than an employer’s ability to successfully defend an unemployment compensation claim is greatly enhanced. Should you need Accredited Drug Testing to develop or review your company’s
drug testing policy, please call (800)221-4291.
Accredited Drug Testing(ADT) is pleased to announce that effective November 15, 2014,
we will begin offering Background Checks for clients Nationwide. Searches can include Criminal Data Base, Social Security Verification, County of Residence, Motor Vehicle Reports and Prior Employment Verification. For more information on setting up a Background Check Account, please contact Stephanie Calderon (800)221-4291.
PAPERLESS/WEB BASED SCHEDULING
Many of our clients Nationwide utilize our web based scheduling and results reporting system where our clients can schedule drug tests and receive results directly from the convenience of their own office. The ADT system can be set up so that a branch manager can schedule a drug test but only the H.R Manager can receive results. This system has become very popular with clients
that have locations in various cities and States and if you currently do not use this system, but would like to, please contact Stephanie Calderon (800)221-4291.
WELCOME NEW EMPLOYEES
ADT is pleased to welcome
- Melissa Guzman – DOT Specialist
- Michelle Ferrer – Scheduling Representative