Issue link: http://palletcentral.uberflip.com/i/522141
palletcentral.com PalletCentral • May-June 2015 25 (DOT), requirements for federal contractors who must maintain drug-free workplace programs, and the overarching issue of whether there are protections for those using medical marijuana under the Americans with Disabilities Act (ADA). In a recent Michigan case, the high court of that state held that employees terminated for testing positive for marijuana while holding a valid medical marijuana card did not engage in misconduct and therefore would be awarded unemployment benefits. An employer would be forgiven for wondering whether it is even worth it to develop and implement a substance abuse policy or to utilize drug testing in the workplace for applicants and employees (and under what circumstances). An employer may also need to critically analyze each position in the workplace to determine if it is "safety sensitive." Collective Bargaining Agreements also may have specific provisions on drug/alcohol testing in union workplaces, and those must be followed to the letter! The inconvenience of managing multiple programs can be offset by the safety and health benefits. After implementing drug-testing programs, General Motors reported a 50 percent reduction in workplace injuries, and Southern Pacific Railroad saw an 86 percent reduction in worker injuries within five years of commencing a testing program. Conversely, between 10 and 20 percent of the nation's workers who die on the job test positive for alcohol or other drugs. Federal data indicate that 44 percent of current illicit drug users work for companies with 1-24 employees, while only 13percent work for establishments with more than 500 employees. While marijuana positive test rates are higher than for other drugs, a positive test does not always connote that a worker is currently impaired. Marijuana stays in the bloodstream far longer than other illegal drugs and alcohol. Employers must also consider what "nanogram" level to use when testing non-CDL workers. Colorado Source: SAMHSA, Center for Behavioral Health Statistics and Quality, National Surveys on Drug Use and Health (NSDUHs) 2003 to 2005, 2006 to 2010 (revised March 2012) and 2011 to 2012. Illicit drug use among adults aged 18 to 64 employed full time, by industry category.