4/26/2018 PACE CONVENTION & EXPO | APRIL 15-18, 2018 ... · 4/26/2018 PACE CONVENTION & EXPO |...

14/26/2018 PACE CONVENTION & EXPO | APRIL 15-18, 2018 | ATLANTA, GA

Marijuana in the WorkplaceWhat Every Contact Center Operations

Professional Needs to Know

PACE CONVENTION & EXPO | APRIL 15-18, 2018 | ATLANTA, GA 24/26/2018

Presented By: Christine Cunneen, CEO - Hire Image

Knowledge is Power

This presentation is made available for educational purposes only, as well as to give you general information and a general understanding of the law. It is not intended to provide specific legal advice.

4/26/2018 3PACE CONVENTION & EXPO | APRIL 15-18, 2018 | ATLANTA, GA

Overview

• Why Drug Test?

• Drug Testing Options

• Nationwide Positivity Rates

• Legalization of Marijuana

• Medical and Recreational Marijuana Landscape

• Drug Testing Challenges

• Policy Considerations

• Recent Workplace Marijuana Case Review

• Future of Drug Testing


Why Drug Test?

• Increase productivity

• Reduce turnover

• Reduce tardiness

• Reduce absenteeism

• Safer work environment

• Saves valuable time during hiring process

• Liability (lawsuit from drug-related on-the-job accident)


The National Institute on Drug Abuse shows that drug abusers are 4x more likely to be involved in a workplace accident

Drug Testing Options


Drug testing options

• Panel # represents total drug classifications tested

• Most providers offer 5-10 panel packages

• Lab based oral fluid vs. Instant oral fluid testing

• Expanded opiates are an add-on

• Synthetic testing is an add-on

• Medical professional panels available

• MRO – what is it and why use one?


Drug Classifications – 5P & 10P

• Amphetamines

• Cocaine metabolites

• Marijuana metabolites

• Opiates

• Phencyclidine

• Methadone

• Barbiturates

• Benzodiazepines,

• Methaqualone

• Propoxyphene



http://www.dtidrugmap.com/?utm_source=redirect&utm_medium=web&utm_campaign=5917 (Quest Diagnostics 2016)

Nationwide Overall Positivity Rates

http://www.dtidrugmap.com/?utm_source=redirect&utm_medium=web&utm_campaign=5917

Urine Drug Testing


Quest Diagnostics 2016 Drug Testing Index

Oral Fluid Lab Based -Drug Testing



Hair Drug Testing



The Legalization of Marijuana

Decriminalization, Legalization, and Medical Marijuana Legalization are not the same.

• Decriminalization: Criminal penalties for small amounts of marijuana possession have been abolished, though are still punishable by fine, similar to a traffic ticket. Large quantities can still result in distribution charges, prison time, and criminal record.

• Medical Marijuana Legalization: Qualifying patients with debilitating medical conditions may legally use marijuana when prescribed by a doctor.

• Legalization: Recreational marijuana users cannot be arrested, tickets, or convicted of a crime for smoking or ingesting marijuana if done so within the scope of the law.


The Legalization of Marijuana

• More than 50% of states have legalized in some form• 30 states legalized medical use

• 9 states legalized recreational use

• Inconsistency between states and federal government• Remains illegal at the federal level

• Laws regulate use• Banned use in public

• Limitations on sales and how much one can grow


Medical Marijuana


Recreational Marijuana


Drug Testing Challenges


• Policies that are no longer one size fits all

• What happens when someone has a medical marijuana card?

• If recreational marijuana is legal in your state, can you still

test?

• Drug impairment cannot be measured in the same way

alcohol impairment is measured

• Tests show if the drug is present in a person’s body but

not if they are ‘high’ right now.

Policy Considerations


A listing of states with laws pertaining to employers/employees and/or court cases that impact the drug testing in the workplace.

The rules vary from state to state making drug testing and policy considerations more challenging than ever for employers.

Policy Considerations

• Clear statement of employer’s position regarding workplace use, possession, impairment and sale

• The consequences of violating the policy

• Explanation that impairment does not excuse poor performance or misconduct [even for medical users]

• Employee’s responsibility to seek treatment for drug addiction issues

• Whether and under what circumstances drug testing will occur and consequences of test refusal


Policy Considerations• Identification of any employer assistance programs

• Circumstances under which employer will search areas used or occupied by employees or employees’ belongings

• All provisions required by state law

• Anti-discrimination provisions under state law (e.g., no discrimination against medical marijuana card-holders)

• Willingness to engage in the interactive process with an applicant or employee with a disability


Policy Implementation

• All stakeholders should review—managers, risk management, human resources, in-house legal

• Obtain legal review from qualified legal counsel

• Provide ample notice (at least 30 days) to employees before effective date

• Before effective date, train supervisors on the policy and any related procedures


Workplace marijuana case review

• Ross V. Ragingwire Telecommunications (CA 2008)

• Roe V. Teletech (WA SC 2011)

• Coats V. Dish Network LLC (CO SC 2013)

• Callaghan V. Darlington Fabrics (Prov. Cty. Sup Ct. 2017)

• Barbuto V. Advantage Sales and Marketing LLC (MA SJC 2017)

• Noffisinger V. SSC Niantic Operating (D. Conn. August 2017)


The Future of Testing

• Move toward methods that detect current use rather than what an employee did on the weekend

• Detection of synthetic drugs become standard

• Less invasive testing methods

• Restrictions on when testing can occur may expand


Contact Information

Christine Cunneen, CEO

[email protected]

888-433-0090

www.hireimage.com


mailto:[email protected]

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