Pre-employment drug screening changes may impact your hiring practices.
Over the course of the last few years, multiple states have eased marijuana criminality. These 18 states have legalized marijuana in some fashion. From regulated medical to recreational programs, there are a myriad of different regulations impacting this drug and its use. But what does constant change from state to state mean for employers?
Marijuana and Federal Regulations
On the federal level, marijuana is illegal. It is a Schedule I Drug and designated as high potential for abuse with little medical benefits. As such, federal employees and contractors with federal initiatives must adhere to these federal stipulations. This means that DOT employees cannot test positive for marijuana, regardless of if they have a medical marijuana card.
States and Pre-Employment Drug Testing
The New York State Department of Labor, confirms that employers cannot require pre-employment cannabis testing, excepting of federal or state issues. Paired with pre-employment changes, NYLL also restricts employers from acting against current employees without articulable symptoms of impairment. Occupational-specific exceptions apply, including positions where an employee could significantly impact the health and/or safety of other employees or members of the public.
Neighboring New Jersey recently legalized recreational marijuana. One year later, random drug testing is still full of uncertainties. Under the new law, employee random and pre-employment drug testing can still be administered, but results positive for marijuana cannot be the sole reason for firing, disciplining or not hiring someone. On top of that, the state is broiled with bureaucratic setups and lawsuits, adding more and more confusion.
Cities Ease Up On Pre-Employment Marijuana Testing
Last summer, Kansas City Mayor Quinton Lucas introduce an ordinance restricting government workers from pre-employment marijuana screening. Law enforcement, CDL workers and others are exempt.
In Philadelphia, similar prohibitions are in effect this year. Employers in the city cannot require applicants to submit to marijuana testing during pre-employment. Similarly, this ordinance does not apply to certain safety-sensitive positions. Nor does it supersede federal or state law.
TEAM Professional Services Can Help With Your Pre-Employment Needs
What do all these changes, updates and new regulations have in common? There are always lots of exceptions. Businesses need to be aware of the latest regulations. Employees need to be aware of their rights. There are no one-size-fits-all policy regulations that can cover every niche of the ever-changing industry.
Partnering with TEAM Professional Services is the best way to ensure regulations and compliance are up-to-date, accurate and helpful. Our expert and fully-trained TEAM provides custom solutions to fit your needs, no matter where you or your employees are.