Employment Drug Testing Laws

Marijuana Testing in Employment As of May 10 2020 covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols THC as a condition of employment. The State of Michigan has no specific legislation regarding pre-employment drug testing.

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Drug and alcohol testing are only allowable in certain circumstances.

Employment drug testing laws. Employer Drug Tests During an Employment Screenings Most state laws allow private employers to screen job applicants for drug use provided that they give notice that drug testing is part of the hiring process use state-certified labs and screen all applicants for the same job. For example a number of states allow applicant testing. Generally speaking state laws typically allow employers to test applicants for drugs.

Our work with law and policy makers to ensure necessary statutes exist to. Drug Testing Required Testing and Drug Cut-off Levels If an employee in a safety-sensitive position has a alcohol test result of 004 or higher the employer must immediately prevent the employee from performing safety-sensitive functions. Federal Drug Testing Laws Job applicants or employees in positions such as airline pilots bus drivers railroad employees taxi drivers and truck drivers are regulated by the Department of Transportation and must comply with federal laws which require applicants to take and pass a pre-employment urine test.

Legally employers can drug test employees randomly or with scheduled tests and require pre-employment drug screening. Drug testing Employers have to have consent if they want to test for drugs. There are many state laws that affect workplace drug testing.

Laws differ in each state particularly those states that have legalized medical marijuana and in some cases recreational marijuana. Most states have some sort of laws in place for both pre-employment drug testing as well as workplace drug testing policy guidelines. In many cases employers may not test for drugs including for the presence of recreational cannabis alcohol and other drugs legal and illegal.

There are several exceptions discussed further below where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. In the meantime the law allows the applicants to file a legal complaint if the employers drug test compromises dignity privacy and violates the state laws and procedures. Ohio state law allows the employer to conduct drug test for their employees new hires and applicants.

However the employer must follow the states rules about providing notice and following procedures intended to prevent discrimination and inaccurate samples. If a test result is positive even for marijuana employers can fire the employee or disqualify the job candidate regardless if the person used marijuana for medical reasons or only outside of work hours. It is discriminatory to test potential or existing employees for drug and alcohol use if the testing is not reasonable and justifiable.

On-going and past court cases that have been filed by the ACLU. The Alberta Human Rights and Citizenship Commission takes the following position based on current human rights case law. Supreme court cases that have been filed by the ACLU.

However pre-appointment testing in the state of Michigan is limited to drug testing only. Employers have the right to expect employees to arrive at work fit for duty and remain that way throughout the duration of their shift. Employers who adopt a drug-free workplace program can formally set up testing procedures that may require an employee to submit to a drug test or an alcohol test.

Usually this is when they have a full contractual health and safety policy which should be in the contract or staff.

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