Posted on Sep 16, 2024
Home Depot Stops Drug Testing for Marijuana in Most Cases
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Posted 4 d ago
Responses: 4
If I had to guess this is a response to decriminalization.
As an employer or an HR person for an employer, I would have an exceptionally hard time justifying a policy that dictates what employees do on their off time, as long as it does not affect their performance while on the clock.
The big problem, from what I can see, is that AFAIK there is not, currently, a reliable and accurate way to test for whether someone is currently high. If you get black out drunk Friday night and show up to work stone cold sober Monday morning, no harm, no foul, go about your business. No amount of testing will matter because your BAC is 0 (or maybe 0.01 if you used an alcohol based mouthwash or something). But if you smoke a pound of MJ Friday night and get stoned out of your gourd, then show up stone cold sober Monday morning, you will still test positive for THC, regardless of the fact that you are not at all high.
When MJ was illegal and prosecutable everywhere, this posed no concerns because even if you were sober on Monday, you were STILL breaking the law on Friday. Now that more and more states are decriminalizing, that is a much more difficult stance to take. Getting fired for doing something that has been decriminalized and did not affect performance is pretty tough to defend in court or wrongful dismissal arbitration.
As an employer or an HR person for an employer, I would have an exceptionally hard time justifying a policy that dictates what employees do on their off time, as long as it does not affect their performance while on the clock.
The big problem, from what I can see, is that AFAIK there is not, currently, a reliable and accurate way to test for whether someone is currently high. If you get black out drunk Friday night and show up to work stone cold sober Monday morning, no harm, no foul, go about your business. No amount of testing will matter because your BAC is 0 (or maybe 0.01 if you used an alcohol based mouthwash or something). But if you smoke a pound of MJ Friday night and get stoned out of your gourd, then show up stone cold sober Monday morning, you will still test positive for THC, regardless of the fact that you are not at all high.
When MJ was illegal and prosecutable everywhere, this posed no concerns because even if you were sober on Monday, you were STILL breaking the law on Friday. Now that more and more states are decriminalizing, that is a much more difficult stance to take. Getting fired for doing something that has been decriminalized and did not affect performance is pretty tough to defend in court or wrongful dismissal arbitration.
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There are a lot of Forklift accidents every year, I guess that statistic may go up.
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Like most every other business leaning left, lower the standards. No quality.
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