Recent developments in marijuana legislation and legalization has left many companies and individuals alike wondering whether drug free workplaces are required to test for marijuana. As marijuana laws change many people believe that it should not be lumped in with other drugs that are traditionally tested for such as meth, heroin and cocaine. The legalization of marijuana in some states is complicating workplace drug testing.
In 1989, the Federal Drug-Free Workplace Act of 1988 became law. This law required that all federal contractors who receive $100,000 or more, as well as all federal grant recipients, must comply with its requirements. What is often overlooked is that the Act did not require drug testing. Actually, here is a quote from the Department of Labors website’s FAQ about the Drug Free Workplace Act:
Is drug testing required or authorized under these regulations?
The Act and these rules neither require nor authorize drug testing. The legislative history of the Drug-Free Workplace Act indicates that Congress did not intend to impose any additional requirements beyond those set forth in the Act. Specifically, the legislative history precludes the imposition of drug testing of employees as part of the implementation of the Act. At the same time, these rules in no way preclude employers from conducting drug testing programs in response to government requirements (e.g., Department of Transportation or Nuclear Regulatory Commission rules) or on their own independent legal authority.
What the Drug Free Workplace Act did require was policies, information, education about the dangers of drugs and resources if you have a drug or substance issue, but not testing. Read More