Why Amazon’s updated marijuana drug testing policy could have ‘ripple effect’

As legislation protecting grownup use of both equally healthcare and leisure cannabis use distribute, the 2nd-greatest employer in the U.S. is changing its tune on drug screening.

In a June blog site post, Amazon reported it “will no longer contain marijuana in our comprehensive drug screening system” for employment that are not controlled by the U.S. Section of Transportation. As an alternative, the company claimed it would address cannabis use the same as alcoholic beverages use.

The announcement was shocking inspite of Amazon’s position as a craze-setter from a business enterprise operations standpoint, Michael Freimann, spouse at Greenspoon Marder, told HR Dive. But the information could have a “ripple result” on how other employers solution marijuana screening going forward, he extra, due to the point that a lot more and far more jurisdictions have carried out cannabis use legislation.

At present, 18 states as well as Washington, D.C., have adopted rules that legalize some kind of grownup recreational use, in accordance to the Nationwide Conference of State Legislatures. States added to the checklist in 2021 include Connecticut, New Mexico, New York and Virginia.

Within just some of these statutes, states have added provisions that consist of various types of protections for task applicants’ use of cannabis. In 2019, Nevada became the first point out to prohibit businesses from refusing to employ the service of work applicants — with exceptions for some roles — on the basis of a good cannabis take a look at.

This year, two states followed up with very similar guidelines. In February, New Jersey enacted a regulation stating that employers may well not refuse to use and could not take adverse work actions against personnel simply because of cannabis use or exclusively since of the existence of cannabinoid metabolites in the employee’s bodily fluid that benefits from carry out permitted under condition legislation. In April, neighboring condition New York adopted laws prohibiting employment discrimination in opposition to employees dependent on cannabis use prior to the starting of or just after the conlusion of their operate hours, off the employer’s premises and with no the use of the employer’s equipment or assets.

Amazon is not alone in adopting insurance policies that take new regulations into account. Pursuing passage of Virginia’s recreational use legislation this 12 months, the city federal government of Norfolk, Virginia, dropped drug screening demands for several occupation groups, preserve for sure “basic safety sensitive” positions, community information outlet WAVY-Tv set reported.

The technique may well distribute as companies request uniformity in their drug-screening procedures amid a fractured lawful landscape, according to Freimann.

“We are commencing to see a craze of states getting these upcoming actions,” he extra. “Amazon’s announcement is a way to get forward of the curve.”

But that does not imply several businesses will drop drug screening needs altogether, even for marijuana like Amazon, companies will possible will need to maintain in location demands for positions controlled by DOT, Freimann reported. And lots of states that have legalized leisure use nevertheless permit employers to create policies prohibiting that use, regardless of whether on- or off-duty. Other people spell out the skill of employers to generate policies that help in retaining harmless workplaces.

“Basic safety will continue to be paramount,” Freimann explained, incorporating that businesses throughout the board may well educate managers to identify regardless of whether an staff is below the affect of hashish, similar to alcoholic beverages and other medications. Even in workplaces that moved distant for the duration of the pandemic, employers ongoing drug screening regimens, employment law professionals earlier informed HR Dive.

Requested how an employer may possibly put into action a alter in plan identical to Amazon, Freimann stated HR groups may perhaps need to 1st evaluate their staff handbooks and policies to establish present compliance actions and instruction protocols. From there, businesses can determine which positions they will continue screening protocols for, and which kinds they will not.

Off-duty perform is probably to be a important consideration “If someone did arrive to perform and use marijuana recreationally while they have been off-obligation, how are we treating that particular person?” Freimann claimed.

Also, businesses need to make sure that the definition of “sensible suspicion” inside their guidelines “is properly-defined and recognized” within just the corporation, such as for the duration of coaching, he famous. If a supervisor determines an staff is impaired by marijuana use, “they have to articulate why they have sensible suspicion to do that,” Freimann stated.

Documentation is also important. “Make guaranteed you’re pursuing up verbal discussions or email messages with memos you can place in the file [and] performing matters as contemporaneously as doable,” Freimann stated.