Heather Horning

Drug Testing In Your Hybrid Workplace

Heather Horning - 2 May 2024

Prioritizing employee well-being is paramount, regardless of the actual environment in which that work takes place. One proactive measure to ensure a safe working environment is drug testing. However, implementing drug testing requires discretion and adherence to legal and ethical considerations, no matter the setting.

Drug use can impair performance, leading to accidents and injuries during work hours. Drug testing helps identify and address safety concerns, reducing risks. Policies should encompass all substance misuse, including prescribed medication or medical marijuana recommendations.

The complexity of medicinal marijuana use requires careful policy formulation. Employers must balance state and regional laws with safety standards. Definite processes should be followed in cases of failed drug tests due to medicinal marijuana use.

Open communication facilitates reasonable adjustments and risk assessments. Employers should handle employee disclosures sensitively, verifying prescriptions and assessing workplace safety implications, even when the threat of risk seems lessened due to the hybrid model.

Drug testing implicates data protection legislation, requiring written consent from employees. Refusal to undergo testing may constitute misconduct, necessitating fair disciplinary procedures. Employers must consider potential legal implications, particularly regarding unfair dismissal claims.

Hybrid work arrangements necessitate revisiting and updating drug testing policies. Policies should address drug use during remote work and its potential impact on productivity and reputation. Keep in mind that while employees may be using marijuana outside of work hours, impairment does not stop when work hours begin. Impairment can last between 3-10 hours depending on how the marijuana was used.1

In conclusion, small businesses must prioritize workplace safety through proactive measures like drug testing, even in hybrid scenarios. By navigating legal and ethical considerations and fostering open communication, employers can create a safe and compliant work environment, adapting to the evolving landscape of hybrid work.

 

Citations: 1Scientists put the stopwatch on cannabis intoxication. (2021, April 12). The University of Sydney. https://www.sydney.edu.au/news-opinion/news/2021/04/12/scientists-put-stopwatch-on-cannabis-thc-intoxication-lambert-drug-driving.html

Source: Latham, N. (2023, October 11). What do employers need to know to introduce workplace drug tests?. Home. https://www.peoplemanagement.co.uk/article/1840304/employers-need-know-introduce-workplace-drug-tests