Given that recent trends show more Americans are testing positive for marijuana on workplace drug tests than ever before many ask the question “Should employers care about off-the-clock marijuana use?”.
This article from NBC Palm Springs came to our attention and brings to light a very important question. And in our opinion this question comes down to the level of concern that employers should have about employees in positions of being under the influence of marijuana. Because if an employee is under the influence they endanger the employer, fellow employees, and members of the public.
Further comments from the article are as follows:
At the same time, many employers are moving away from strict zero-tolerance policies, placing greater emphasis on whether employees are impaired while on the job rather than what they do during their personal time.
The shift reflects changing public attitudes toward cannabis and raises new questions about the balance between employee privacy and workplace safety.
One panelist argued that employers generally should not be concerned with legal marijuana use outside of work, provided it does not affect an employee’s performance. While acknowledging there are limits for certain occupations, they said off-duty behavior should remain a personal matter. [R&A Comment – This previous blog post cites a study where airline pilots were found to be impaired many hours after smoking marijuana.]
Another contributor agreed, describing routine marijuana testing as an unnecessary intrusion into employees’ private lives. [ R&A Comment – This blog post again talks about the danger of allowing employees under the influence to perform their job descriptions.] They suggested companies should reexamine what workplace drug testing is intended to accomplish, especially as cannabis becomes more socially accepted and legally available.
The discussion also focused on where employers should draw the line. One panelist said workplace policies should prioritize safety, noting that employees must still be able to perform their duties responsibly and follow established safety protocols. If impairment affects job performance, they argued, employers have a legitimate reason to intervene.
Contributors also observed that marijuana use has become increasingly common, particularly in California, where legalization has significantly changed public perception.
As workplace policies continue to evolve, the debate is shifting away from whether employees use marijuana in their personal lives and toward a more practical question: whether they can safely and effectively perform their jobs while at work.
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about how to save a life with your drug testing policies, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
