Page 45 - OHS, March 2022

work performance. It also promotes equity because a company tests all employees—not only employees in safety-sensitive or entry-level positions.
How to Test for Recent Use
Employers need a test that isolates recent use so that employees who used cannabis days, weeks or months before the test does not risk positive results. No employee should be at risk of adverse employment action based on legal cannabis use when off the job.
A cannabis breathalyzer is the ideal tool to use for post-hire testing because it provides on-location results, quickly giving a green light to most employees who will test negative because they did not use cannabis immediately before or while at work. Cannabis breath testing technology only identifies use within the last few hours when it may be relevant to job safety and performance.5 This means minimal stress, minimal lost work time and maximum fairness to employees who desire and deserve to keep their personal lives private.
If an employer fires an employee who responsibly and legally used cannabis, the action can be costly both to employees and their employers. The employee is denied a position or loses a job based on responsible legal use outside of the workplace, while the employer incurs the recruiting, training, litigation and other costs to replace a skilled employee. Estimates on the cost of replacing an employee can be $10,000 per employee or higher.
Changing Laws Requires Updated Drug Testing Policies
In an era when laws related to cannabis reform seem to shiftft weekly, overhauling cannabis workplace drug testing to include post-hire and cannabis breath testing is imperative if companies want to future-proof their operations, maintain safety and retain employees. A drug testing policy based on fairness and equity allows employers to continue to reap the safety and cost benefits while balancing off-the-job use. Utilizing the latest cannabis breath testing technology may help companies adapt more quickly to the swell of new cannabis laws on the horizon.
Nina M. French is the President of Employer and Law Enforcement Solutions.
REFERENCES
1. https://www.pewresearch.org/fact-tank/2021/04/16/americans- overwhelmingly-say-marijuana-should-be-legal-for-recreational-or-medical- use/
2. https://ohsonline.com/Articles/2019/06/01/Drugs-and-Workplace- Safety.aspx?Page=2
3. https://www.cdc.gov/marijuana/fact-sheets.htm
4. https://www.nhtsa.gov/sites/nhtsa.gov/files/809725-
drugshumanperformfs.pdf
5. https://houndlabs.com/fair-test-story-for-recent-use/
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