The New California Law That Levels the Playing Field for Cannabis Users in Employment
California has long been a trailblazer in cannabis legislation, legalizing its use for medicinal purposes in 1996 and for recreational use in 2016.
But with the recent passing of Assembly Bill (AB) 2188, employers in the state now have new obligations to consider when it comes to their employees’ use of cannabis.
What is AB 2188?
AB 2188 states that employers cannot take any action against their non-federal government mandated employees based on the results of urine or hair drug tests that screen for marijuana metabolites.
This is because these tests may not accurately reflect an employee’s use of the drug while at work. It’s important to note that this only applies to employees working in the state of California and does not affect federally mandated drug testing programs, such as those under DOT or government contracts.
This law, while limited in its scope, will have a significant impact on company drug testing policies. If you’re an employer in California, it’s crucial to review and make any necessary changes to your drug testing policies regarding marijuana use.
Uncovering the Reality of Workplace Drug Testing
When it comes to maintaining a safe and productive workplace, drug testing plays a crucial role. This is evident from a study conducted by Quest Lab, which delved into the impact of drug testing on employee behavior and overall workplace safety.
In this study, two scenarios were examined: one without any drug testing and another with random “deterrent” testing.
The results of the study are striking. The graph below clearly shows the difference in drug utilization rates between the two scenarios.
As seen from the graph, there is almost a doubling in utilization among employees when no drug testing is conducted compared to the 4% range seen in employees who are part of a deterrent testing program. This significant difference can have serious consequences for workplace safety and productivity.
With a higher rate of drug utilization, there is an increased risk of accidents, lower productivity, and potential harm to both employees and the company’s reputation. On the other hand, implementing a random “deterrent” testing program can significantly reduce the chances of such incidents occurring.
Drug Testing Recommendations
As mandated by AB 2188, it’s important for businesses to have proper drug testing protocols in place. However, with the changing landscape of marijuana legalization and the constant development of new drugs, it can be overwhelming to determine which tests are best suited for your company’s needs.
There are two options for drug testing that we recommend that are in accordance with AB 2188:
Option 1: Urine testing
Urine testing has been the traditional method for drug testing and it continues to be a reliable option. Our recommended testing options eliminates marijuana from the panel, ensuring its compliance with AB 2188.
These tests include:
- 4 Panel Instant Urine Test – Cocaine, Amphetamines, PCP and Opiates
- Standard Urine Test Code 39345N – Amphetamines , Barbiturates, Benzodiazepines, Cocaine, Methadone, Opiates, Phencyclidine, Propoxyphene
Option 2: Request oral fluid testing
Alternatively, oral fluid testing is gaining popularity due to its non-invasive method and ability to detect recent drug use. It doesn’t test for the THC metabolites of Marijuana, but rather tests for the psychoactive component of THC that affects a person’s cognitive abilities. This makes it more suitable for detecting impairment on the job.
Our recommended oral swab test is easy to administer and provides quick results:
- 7 Panel Instant Test Code 40008N OSAP 5 – Amphetamine, Methamphetamines, Cocaine/ Benzoylecgonine, Opiates, 6-Acetylmorphine (6AM), Oxycodone, Phencyclidine
- 7 Panel Standard Test Code 40004N -OSAP 6 – Amphetamine, Methamphetamines, Cocaine/ Benzoylecgonine, Marijuana, Opiates, 6-Acetylmorphine (6AM), Phencyclidine
The HOUND® CANNABIS BREATHALYZER: A Promising Future Solution for THC Testing in the Workplace
As cannabis use becomes more prevalent, it’s important for employers to have a way to accurately test for THC in the workplace. Currently, one of the most promising options is the THC Breathalyzer Test, specifically The HOUND® CANNABIS BREATHALYZER.
This test is ideal for post-accident and reasonable suspicion claims and only reflects consumption within the last 3 hours. While there is an increased cost for this testing, it helps ensure a safer workplace environment by limiting detection to when it is most relevant.
We recommend incorporating this test into your workplace drug testing protocol (once it becomes available) to effectively manage potential risks.
The Bottom Line
AB 2188 is an important law for employers to be aware of, especially if they operate in a state with legalized medical marijuana. It’s crucial for employers to understand their obligations under the new law and ensure they are compliant with their drug testing procedures.
By working with a qualified occupational medicine provider, employers can navigate this new legislation and continue to maintain a safe and productive workplace for all employees.
Contact Healthline Medical Group today to learn more about how we can help your business stay compliant with AB 2188 and other workplace drug testing regulations.
