Meat + Poultry - June 2017 - 100

LABOR

Weeding out drug policies
unless facts indicate that on-the-job
Given the reality of increasing
drug impairment may have played a
marijuana legalization, assuring that
role in the accident. Naturally, these
its presence in the workplace and the
comments have caused concern among
impairment that it causes is prevented
has become a critical concern for many employers, given that post-accident
drug testing is common across almost
employers. With the proliferation of
all industries, and is an integral part of
legalized marijuana among the states,
most employers' safety programs.
the widespread use among employees
With the clear national trend in
that these state laws encourage, and
favor of marijuana legalization and
changing positions from enforcement
the range of conflicting laws on the
agencies, now is a good time for
books across the country, employers
employers to review their drug testing
should understand the risks and
policies and adapt to the
challenges that employees'
changing legal landscape.
use of marijuana can
Effective Dec. 1, 2016,
Employers should
cause. Employers
new OSHA regulations
be aware of
should also be aware of
require employers to
enforcement
enforcement action by
establish a "reasonable
action by federal
federal
agencies, such as
procedure" for employees
agencies, such
OSHA,
and
they should
to report work-related
as OSHA.
tailor company polices to
injuries and illnesses
account for these trends.
promptly and accurately. These
Review your company's drug
regulations prohibit this procedure
testing programs. Employers should
from deterring or discouraging a
take this opportunity to review their
reasonable employee from accurately
policies and ensure they comport with
reporting a workplace injury or
their state's specific requirements.
illness, and prohibit any retaliation for
Consider post-accident drug
reporting an injury or illness.
testing on a case-by-case basis.
OSHA commentary - although
When a safety-related incident occurs,
not official rulemaking - has focused
supervisors and managers should be
on post-accident drug testing. OSHA
trained to recognize signs of possible
has implied that going forward it
impairment among the employees
may consider post-accident drug
involved (such as glassy or bloodshot
testing as retaliatory and unlawful,
eyes, slurred speech, the smell of
marijuana or alcohol, impaired motor
function). Supervisors and managers

should document all such signs that
support the company's decision to drug
test the individuals involved.
Look into oral fluid testing.
The most commonly used drug testing
methods today are urinalysis and hair
follicle testing. Unfortunately, neither
is able to confirm impairment, only
past drug use. However, "oral fluid"
or saliva testing can show recent drug
usage. Employers who want to stay
ahead of the curve should explore with
their current drug testing laboratory the
potential benefits and costs of oral fluid
testing.
Stay up-to-date on OSHA's
actions. Companies should work
closely with Human Resources and
their legal counsel to understand the
enforcement priorities of OSHA.
Update and communicate
policies. Employees need to be
regularly educated about the company's
policies, standards and expectations,
including specific information about
when and how drug testing can occur.
Train managers and supervisors.
Managers and supervisors should be
trained on recognizing the signs of
impairment in their employees to better
ascertain when an employee may be
under the influence while on the job.
Prudent employers will respond to
this expansion of marijuana legalization
with a careful review and evaluation of
their current drug testing regimen.
RICHARD D. AL ANIZ | me at p oult r y @sosland.com

100

MEAT+ POULTRY | 06.17 | www.meatpoultry.com

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With the legalization of marijuana,
employers need to adapt to the changing
legal landscape.
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Meat + Poultry - June 2017

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