In today’s Star Phoenix, Alex MacPherson reports on mandatory drug testing in the workplace.
It’s a thoughtful piece and useful for the business community.
The legalization of marijuana will raise numerous issues in the business community, in labour law, and among unions and union members, including pre-employment and random drug testing. We can see just how complex this will be when we take a look at the United States.
In June of last year, Colorado’s Supreme Court found it legal for a given company to fire an employee who has legally smoked marijuana. But here’s the thing: this shouldn’t be viewed as a sign that employers in every state will have the right to fire employees who use marijuana under the protection of state laws. The reason is that Colorado has its own specific set of labour laws and marijuana laws that led to the court’s finding.
Basically, different states have different laws when it comes to the consequences for employees who test positive for drugs. Take Maine: the law there prohibits companies from firing employees the first time they test positive, and requires them to offer an opportunity to enter rehab.
Read MacPherson’s article.