Utilizing Impairment Detection Technology vs. Drug Testing for THC

In February, Maryland lawmakers debated various bills to protect marijuana consumers from workplace discrimination. Maryland, like many other states, has legalized cannabis and this has put many employers in a difficult situation of identifying who is actually impaired at work without discriminating against use outside of the workplace. 

Common Employee's Drug Testing Questions:

• Cannabis has been legalized in our state. How do we adjust our drug-testing program to avoid penalizing workers for legal consumption that does not impact their alertness and safety at work?
• Our random employees' drug tests are time-consuming and don't seem to be deterring enough workers from drug use. How do we strengthen the deterrent effect of random drug testing without increasing the time and money we spend on it? 
• Our drug test positivity rates are high. How can we more effectively vet the workers we hire without aggravating the current labor shortages we are experiencing? 

CAN FATIGUE RISK BE REGULATED?

The commercial transport industry is subject to regulation 49 CFR 392.3, which aims to prevent an ill or fatigued driver from getting behind the wheel. However, the regulation didn't prevent the highly publicized crash that injured comedian Tracy Morgan and killed comedian James "Jimmy Mack" McNair in June 2014, when a fatigued Walmart truck driver did not brake appropriately in response to traffic, including Morgan's limo van, that had slowed for a construction zone.⁽¹⁾

Included in the upcoming August 10th rule on electronic reporting of workplace injuries, OSHA makes it clear that not all injuries justify post-accident drug testing, and that such mandatory policies may actually deter workers from reporting an accident.

For some citizens of the United States, the legalization of the adult use of marijuana makes perfect sense. For others, including business leaders, there is much tension when it comes to whether employees can use marijuana in their private lives and be trusted not to be impaired when they are at work. This is matched by the tension from employees of the fairness and accuracy in the methods that workplaces use to measure whether or not they are actually impaired.