Can Employers Still Drug Test When Marijuana Is Legal?

By 2012, the rate of positive drug-tests among American workers hit a massive 30-year low at just under 5% coming up positive. Almost 90% of employers will drug test at some point during their employees tenure, and though positive test rates are dwindling, many business leaders still find it is essential to a productive work environment.

 

The benefits of a drug-free workplace are plain to see, and business leaders who run drug tests can reduce chronic absenteeism, reduce employee turnover, and reduce liability for workplace accidents. For insurance purposes, increased physical safety on the job not only keeps employees healthy but helps to reduce workers comp claims that can increase insurance premiums for everyone. Drug-free workplaces have been shown to experience less conflict among colleagues and shows employees that management cares.

 

Many workers feel reluctant to submit to drug testing, taking it as a sign their employer doesn’t trust them or simply an invasion of privacy. As recently as 2004, one in six companies had admitted to using drug test samples to screen potential hires for certain generic risk factors, furthering the mistrust that employees may feel when faced with a corporate ordered drug test. Today, employees are protected by the genetic Information Nondiscrimination Act (GINA) and most states now ban employers from requiring genetic testing. Furthermore, by law drug tests are considered private and protected health information and must be kept confidential as well as any other medical information the test reveals.

 

For both employers and employers, understanding your own rights and legal limitations when it comes to drug testing helps enforce safety and transparency in the workplace. Take a look at this infographic for more on the state of drug testing in the US, how legalization and decriminalization of marijuana is changing opinions, and why workplace drug testing is still important to maintaining safety and productivity in professional environments.