Employers want to keep their workplaces safe, healthy, and productive. For many business owners, promoting this positive work environment calls for drug-testing candidates. However, drug laws continually change as society shifts in its understanding of how drugs work and the corresponding legal policies in different states. Business owners need to stay abreast of these changes, so they can make sure their policies remain compliant with these changes in the state laws.
In 2024, there were some important changes to note regarding cannabis usage, particularly in California and Washington state. We will look more closely at these local workplace drug testing laws and how your business can remain current with these changes and the impact of marijuana legislation on employment.
Updates to Workplace Drug Testing Laws
California and Washington state have both passed laws that allow for recreational cannabis usage. The employment drug testing laws have therefore been updated to reflect these local laws. Let’s explore each state individually.
California Drug Testing Laws 2024
The laws in California have changed how employers are allowed to use information regarding past cannabis usage when considering a person for hire. For most industries, employers can no longer ask applicants directly about their history with the drug or use any information gathered about a criminal history related to the drug when evaluating job candidates.
Similarly, the law prohibits discrimination against job applicants during any part of the employment process for their cannabis use outside the workplace. This includes both hiring and termination procedures. People cannot be penalized in any way for their decision about this drug on a recreational level. If the employer administers a drug screening that finds signs of the person having used past non-psychoactive cannabis, they cannot use that information to penalize the employee.
However, there are exceptions to this law, including some industries which do not have to abide by it. For example, those hiring in the building and construction trades do not have to follow this law. Since federal regulations regarding drug usage differ from local state laws, the law also does not apply to people seeking employment with federal agencies or jobs that are otherwise connected to federal background checks, federal security clearances, or federal contracts.
Keep in mind that although employers cannot use past cannabis usage, or usage outside the workplace, the law does not allow people to be under the influence of the drug while on the job. The law also allows employers to use scientifically valid drug tests during their pre-employment screenings so long as those tests do not look for non-psychoactive cannabis metabolites.
Washington State Drug Testing 2024
Washington state has also signed some new laws into action that impact drug screening measures. Employers can no longer make hiring decisions based on the presence of non-psychoactive cannabis metabolites in pre-employment drug tests, nor can they discriminate against people who legally use marijuana outside the workplace.
Employers are allowed to continue to screen job applicants, but they will need to find tests that allow them to focus the screenings on drugs that continue to be illegal and not on non-psychoactive cannabis metabolites.
Like the California law, there are some exceptions to this policy. Jobs related to the federal government, require a federal background check or security clearance, or those otherwise dependent on the federal government or federal funding are not required to follow this new law.
Certain job sectors within the state also do not have to follow this law. Specifically, those hiring for positions in certain public service areas, such as law enforcement or first responders, do not have to abide by it. Similarly, those hiring in the airline industry receive exceptions.
Employment Drug Testing Policies
These employment drug testing policies call for employers to critically consider what their drug tests screen for and how this compares to their legal requirements. For example, the workplace drug testing laws allow them to screen for active marijuana use and impairment and outlawed drugs, but not past cannabis usage.
Adapting To Drug Testing Law Changes
If your business uses drug screenings as part of its hiring process, speaking with your legal counsel about how you can adopt these latest policy changes is a critical first step. Your legal counsel can explain how your internal practices align with legal requirements and what may need to shift so that you can maintain your workplace standards while remaining compliant with the laws.
Preparing Your Business For The New Drug Testing Laws
Some of the latest legal changes in California and Washington state have impacted how businesses can use drug screenings for their employees to better align with local legislation. Employers in these two states now cannot take into account legal cannabis usage outside the workplace for most industries, although exceptions do exist.
Ensure your company has accounted for these drug testing laws in California and Washington with The Orsus Group’s expert guidance. Contact us today to update your policies and maintain a compliant, safe workplace.