Worcester Business Journal

wbjournal.com | August 6, 2018 | Worcester Business Journal 9 Companies still test for marijuana Marijuana is legal in Massachusetts for recreational purposes, and sales of cannabis products should begin within weeks. However, state law does not protect marijua- na users from employment discrimination. While the majority of the WBJ readers polled online said their companies don't drug test, of those with testing, nearly all screen for marijuana. F L AS H P O L L "We service the aviation industry; it is strictly forbidden by regulation." COMMENTS: Does your company deny employment in the event of a positive marijuana test? "The corporate office is in Indiana, and they will follow the policies on hand, no exceptions. It's also good that they maintain their core values instead of placating to local interests." "Our company must take a serious review of our policies if we are to remain competitive." No. My company doesn't drug test. 56% Yes. My company won't hire someone if they test positive for marijuana. 35% W No. My company drug tests but not for marijuana. PHOTO/EDD COTE Member FDIC Equal Housing Lender 866.959.BANK (2265) bankatunited.com GIVE YOUR SAVINGS A BOOST. Bring this coupon to any United Bank branch to take advantage of this limited time offer. Offer expires September 30, 2018 TO THE CURRENT RATE OPEN ANY NEW CD AND ADD 0.10 % APY As of July 23, 2018, a 12 month CD Annual Percentage Yield (APY) equals 0.55%. Bring in this coupon and add 0.10 APY for 0.65% APY. A minimum balance of $500.00 required to obtain the adver- tised bonus annual percentage yield. Fees could reduce the earnings on the account. CD Terms vary. A penalty may be imposed for early withdrawal. Limit one coupon per customer per CD opened. law does not infringe upon anyone's civil liberties," said ACLU Field Direc- tor Matt Allen. Allen, who sits on the Cannabis Advisory Board of the Cannabis Control Commission said voters made it clear in November 2016 marijuana should not be treated any different than alcohol. According to the ACLU, there should be no penalties for cannabis use outside of working hours. As such, someone should be able to use cannabis products even the night before an interview. Allen said company policies equat- ing marijuana with more dangerous and addictive drugs like heroin and cocaine were not based in evidence. Much of that stigma is changing and the country as a whole is reexamining its views on marijuana. Still forbidden at work, of course While employers wait for case law to change their marijuana policies when hiring employees, they're making sure workers aren't high on the job. According to Chris Geehern, exec- utive vice president of public affairs and communications at the Associated Industries of Massachusetts, companies haven't changed their stance on whether to hire someone who uses marijuana. With marijuana soon to be as easy to purchase as alcohol or tobacco, compa- nies are now beginning to focus on what happens in the actual workplace rather than the private lives of their employees. Companies are developing a device to test for impairment due to marijuana and some AIM companies are dis- cussing obtaining those devices to test personnel using heavy equipment. "If I drink six beers before I have to drive a forkli and someone observes that I'm driving erratically and I appear to be under the influence, the employer is within its right to take some sort of action," he said. "It's really the same with marijuana. If I smoke six joints before I show up to perform surgery and people observe that I'm not functioning on all cylinders, I can be tested and disci- plined." Waiting for guidance It remains to be seen whether Barbu- to's case will carry over to adult use, and now the burden is squarely on employ- ers and how much they want to dig into the lives of their employees, said Robert Young, an employment lawyer with Worcester law firm Bowditch & Dewey. With the federal illegality of the drug and the lack of any state law, companies are taking a wait-and-see approach. e largest piece of this conversa- tion, Young said, is the cultural shi away from the Reefer Madness hysteria of decades past. "at is an issue that employers are really grappling with," he said. Oxford precision screw machine shop Swissturn has a clear message to its workers: do whatever you want at home, but come to work sober. Rather than police the private lives of its workers, Swissturn and President Ken Mandile take a careful approach to employee screening. at includes references, job history and stability. According to the National Institute on Drug Abuse, marijuana can stay in the body for days or even weeks aer ingesting, with that period lasting much longer for heavy users. A test "tells me that they smoked some marijuana sometime in the past," Mandile said. "To me, that doesn't seem like important information." e company has taken previous action against intoxicated employees, but that hasn't been a problem for several years, Mandile said. e company has no plans to begin drug testing employees, but that could change if legal pot leads to workers being high on the job. 9%

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