Marijuana In The Workplace

Here's What We Recommend:

1. First, address any injuries. Ensure the safety of all parties involved and contact emergency services if necessary. As a client of The Occupational Health Center at Chester County Hospital, we can talk you through an incident and help you determine the best next steps. Some accidents require a trip to a hospital emergency department, and if needed, we can help prioritize the treatment of your workplace injury at facilities in our System. However, keep in mind that last year, 66% of workplace injuries seen at The Chester County Hospital Emergency Department could have been treated at the Occupational Health Center more quickly and more affordably. We can help ensure the injured worker(s) get to the right care venue.
       
2. Follow company policy and pertinent state/federal regulations regarding drug testing and reporting the incident. Consider combining the urine test with a cannabis blood test if you suspect marijuana use -- especially if you know the employee has a state-issued medical marijuana card. The typical urine drug test can only detect the presence of marijuana metabolites (which could reflect smoking or ingesting marijuana days or weeks prior to the incident), and does not necessarily correlate with impairment at the time of the accident.
     
3. Document the details of the incident, including any observations of the employee's behavior and any evidence of drug use (such as altered behavior, slurring speech, unsteady gait, characteristic smells, etc.).
     
4. Consult with HR (Human Resources) and Legal to determine the appropriate steps to take, including any disciplinary action and the reporting of the incident to relevant authorities.
     
5. Support the employee with access to appropriate resources, such as substance abuse treatment, if needed.

It is important to approach the situation in a professional, compassionate and confidential manner.

The Occupational Health Center (OHC) at Chester County Hospital has been serving the work-related health care needs of the business community since 1988. For more information about medical marijuana and drug testing, please contact us.

The decision to remove marijuana from drug tests can have both positive and negative consequences. Having more potential job candidates in a competitive job market is one of the benefits.

Some possible unforeseen consequences:

• Increased marijuana use: Removing marijuana from drug tests may encourage more people to use marijuana, as they will not face any employment consequences for using it. This could lead to increased use of marijuana and potentially higher rates of addiction.
• Safety concerns: If marijuana use becomes more prevalent among employees, there may be safety concerns in workplaces where workers operate heavy machinery or perform other hazardous tasks. Marijuana use can impair reaction time and decision-making, potentially leading to accidents.
• Difficulty assessing impairment: Unlike alcohol, there is no standardized test for measuring marijuana impairment. This can make it difficult for employers to determine whether an employee is impaired on the job or not.
• Legal implications: Even if an employer removes marijuana from their drug testing policy, it may still be illegal under state or federal law. This could lead to legal complications if an employee is caught using marijuana.
• Increased use of other drugs: If marijuana is no longer being tested for, employees may feel more comfortable using other drugs as well, leading to increased use of other illicit substances.

Overall, removing marijuana from drug tests may have unintended consequences that should be carefully considered before making any policy changes.

For more information about medical marijuana and drug testing, please contact us.

Whether an employer is liable for an accident caused by an employee who was under the influence of marijuana at the time of the accident would depend on the specific circumstances of the case, including the laws of the jurisdiction where the accident occurred.

In some cases, an employer may be held liable if they knew or should have known that an employee was using marijuana on the job and failed to take appropriate action, such as removing the employee from their position or requiring them to undergo drug testing.

However, proving that an employer knew or should have known about an employee's marijuana use can be difficult, particularly if the employer did not have a drug testing policy in place or did not observe any signs of impairment.

Ultimately, the employer's liability would depend on whether they took reasonable steps to prevent workplace accidents, such as implementing a drug testing policy, educating employees about the risks of impairment, and enforcing safety protocols.

For more information about medical marijuana and drug testing, please contact us. 

If you suspect that an employee was under the influence of marijuana at the time of a workplace accident, there are several steps you can take:

• Ensure the safety of all employees: If the accident poses an immediate danger to other employees, take steps to ensure their safety first.
• Document the incident: As soon as possible after the accident, document what happened, including the time, location, and nature of the accident, as well as any injuries or property damage. Take photos and gather witness statements if possible.
• Remove the employee from the workplace: If you suspect that the employee was under the influence of marijuana, remove them from the workplace immediately and send them for drug testing.
• Investigate the incident: Conduct a thorough investigation into the accident to determine what happened and whether the employee's drug use was a factor. If necessary, involve outside experts, such as a drug recognition expert or an accident reconstructionist.
• Determine disciplinary action: If the employee was found to be under the influence of marijuana at the time of the accident, determine what disciplinary action, if any, is appropriate. This could include termination or other disciplinary measures, depending on the severity of the incident and the company's drug policy.

It's important to consult legal counsel to ensure that any actions you take comply with local laws and regulations.

If you would like to learn more about medical marijuana and the services offered at The Occupational Health Center at Chester County Hospital, please contact us.

In Pennsylvania, workers' compensation claims can be denied if the employee's intoxication caused or contributed to the injury. However, the burden of proof is on the employer to demonstrate that the employee's intoxication was a significant factor in causing the injury.

If the employer can prove that the employee was intoxicated and that the intoxication caused or contributed to the injury, the workers' compensation claim may be denied. However, the employer must also demonstrate that the employee was aware of and violated a known company policy prohibiting the use of alcohol or drugs while on the job.

It is important to note that the level of intoxication must be significant enough to cause impairment and contribute to the injury. Mere suspicion or conjecture of intoxication is not enough to deny a workers' compensation claim. The case will be evaluated on its specific facts and evidence.

If you would like to learn more about medical marijuana and the services offered at The Occupational Health Center at Chester County Hospital, please contact us.

There are a few tests that can detect if a person is intoxicated by marijuana, but they are not always reliable indicators of impairment. The most common tests are:

• Blood tests: A blood test can detect the presence of THC (the psychoactive component of marijuana) in a person's bloodstream. However, THC can remain in the bloodstream for days or even weeks after use, so a positive result does not necessarily indicate recent use or impairment.
• Urine tests: A urine test can detect the presence of THC metabolites in a person's system, which can indicate recent use. However, like blood tests, urine tests cannot determine the level of impairment.
• Field sobriety tests: Police officers may conduct field sobriety tests, which typically involve asking the person to perform physical tasks such as standing on one leg or walking in a straight line. While these tests are designed to detect impairment, they are not specific to marijuana and can be affected by a range of factors, including nervousness or physical disabilities.
• Drug recognition evaluations: A drug recognition evaluation (DRE) is a more comprehensive assessment that involves an examination by a specially trained police officer who looks for physical signs of impairment and conducts a series of tests to determine if drugs are causing the impairment. However, DREs are subjective and can be influenced by the officer's training and experience.

Overall, it can be difficult to determine if someone is currently impaired by marijuana, and the best approach is to avoid driving or operating heavy machinery after using marijuana.

For more information about medical marijuana and drug testing, please contact us.