California and Washington Employers Brace for New Laws in 2024
11/17/2023
In a groundbreaking move, California and Washington are set to introduce new legislation in 2024 that will fundamentally alter drug testing laws, particularly around cannabis use. The new laws have been designed to strike a balance between the rights of cannabis users and the need for employers to maintain safe workplaces.
Under the new legislation, pre-employment marijuana testing that identifies non-psychoactive cannabis metabolites will be prohibited, with the exception of certain safety-sensitive positions. These roles are typically ones where on-the-job impairment could potentially result in fatal incidents. It is thus imperative that employers clearly define these positions and the related duties to ensure appropriate testing and adherence to safety regulations.
Interestingly, the laws do not entirely dismiss the concept of drug testing. They simply shift the focus from detecting historical cannabis use to identifying current impairment. As such, employers will still be allowed to administer drug tests in certain scenarios such as post-accident investigations or when there is a reasonable suspicion of impairment.
Emerging as a popular alternative to traditional testing methods, oral fluid testing (saliva testing) is being highlighted for its ability to detect recent cannabis use. This method can identify the presence of psychoactive cannabis metabolites, which indicate recent use, within a few hours to a few days of consumption.
The incoming changes undoubtedly require employers to revisit their drug testing programs. A comprehensive review and revision of existing policies is crucial to ensure compliance with the new laws. Additionally, it is essential to proactively educate employees about these changes and the revised drug testing policies.
As the dawn of 2024 approaches, employers are strongly advised to consult with their legal counsel to make the necessary adaptations in their drug testing programs. The new era presents an opportunity for both employers and employees to navigate the landscape of drug testing with a renewed focus on safety and respect for individual rights.
