THIS ONE FACT IS CERTAIN ABOUT MARIJUANA AND WORKPLACE DRUG TESTING

A recent Denver Post article discussed the frequency with which certain employers are relaxing their drug testing standards.

Overall, the employment law issues of employee drug testing and the consequences for testing positive for marijuana use continue to evolve in Colorado.

Private businesses have either removed marijuana from the list of prohibited substances or relaxed the consequences for testing positive. As these issues continue to evolve one thing remains certain. Successful employers:

• design written policies,

• train managers on the execution of these policies, and, most importantly,

• consistently enforce and document consequences.

Consistency is key. An employer’s failure to do so could give rise to an employee‘s discrimination claim.

Such claims involve much more cost and time than the energy involved in setting it up correctly in the first place.

Stay focused,

Lisa