Last updated : November 11, 2024
While recreational marijuana use is legal in Colorado with the passage of Amendment 64, employers still have the power to make hiring and firing decisions based on marijuana use. Knowledge of this power is leading more employers to conduct drug tests or to increase the frequency and stringency of existing drug testing programs.
Many in Colorado are still adjusting to the legalization of pot, and figuring out how it affects them. Employees, understanding that marijuana use is legalized by the state, may believe that they are free to consume the drug while off duty. While this is technically true, any employer who has a drug free workplace policy has the right to fire that employee for a positive drug test, even if the drug was not consumed during work hours or on the premises.
It’s a confusing component of the law that has already sparked lawsuits by terminated employees who did not understand that they could be penalized by their employer for what was an otherwise legal activity. One such Colorado court case has already been found in favor of the terminating employer, partially because no federal law making marijuana use legal exists.
That decision is good news for employers who want to continue to ensure a safe workplace. A study conducted by the Mountain States Employers Council suggests that more Colorado organizations are leaning toward ongoing drug testing. While a few companies responded with answers demonstrating that they have actually relaxed their drug policies, a majority of respondents indicated that their drug testing controls have been tightened, and that they may begin testing more frequently.
Whether employers are testing for marijuana or other controlled substances, workplace drug testing is a powerful tool. Several scientific studies have suggested that overall drug use is on the rise, and this has a clear impact on the day to day functioning of countless companies across the country. An overwhelming number of drug users are also employed. The simple conclusion is that many of these people may be impaired to some degree while on the job.
Workers dealing with substance abuse issues tend to have performance problems. Their work product is not up to standard, and they may turn a blind eye toward safety guidelines. Drug use in the workplace can increase the likelihood of an accident. Moreover, people who are impaired while on-the-job have slower reaction times and may not be able to see the risks in a situation before it’s too late.
Illicit drug users may have difficulty getting along with others at work. They may be absent more frequently, and may not be able to account for missing time. Even if they aren’t using while at work, their off hours consumption can leave them groggy and impaired the next day.
Routine drug testing is an effective method for encouraging employees to avoid the use of illicit substances, and despite the passage of Colorado’s Amendment 64, employers still have the power to set their own drug use policies. If those policies include statements about maintaining a drug free workplace, then it is the company’s decision to screen employees for the use of substances that include marijuana, if they choose.
Drug testing helps to create a safe working environment where every employee is able to complete quality work. Companies that test for drugs often pay lower insurance rates and file fewer claims. Additionally, businesses that test their employees for drug use deal with fewer absentee issues, which means that productivity levels can remain higher. With safer conditions and employees that are more alert, organizations are free to focus on managing a profitable enterprise.
